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01-112��G►�� Presented by Council File # O �.. \\9, Green Sheet # �3S RESOLUTION �tN� l�, MtNNESOTf�� / �� %,� �. ,6'/ Referred To Committee Date CITY COIINCIL OF THS CITY OF SAINT PAIIL, MINNESOTA RESOLUTION # RESOLIITION Ai1THORIZ2NG THE EXECIITION OF A CONTRACT FOR REDEVELOPMHNT PIITH RESPBCT TO THS RSNOVATION OF THB DOWN'i'OWN SAINT PAIIL DAYTON'S STORE WHEREAS: A. The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA") has previously adopted a redevelopment plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") for the central business district of the City of Saint Paul (the "City"). B. A major objective of both the Redevelopment Plan and the TIF Plan was to prevent the further deterioration of the land and building stock located within the central business district of the City. C. Pursuant to the terms of the Memorandum of Intent, the City and the Port Authority have negotiated a Contract for Redevelopment (the "Contract") with Target Corporation, describing a proposed redesign and renovation of the department store operated by Target in downtown Saint Paul (the "Project") and the responsibilities of the parties with respect thereto. D. Pursuant to the terms of the Memorandum of Intent, the Port Authority and the City have negotiated a Contract for Redevelopment (the "Contract") with Target, describing in more detail the nature of the Project and the responsibilities of the parties with respect thereto. E. Pursuant to the Contract, the Project will have a total cost of at least $20, 000, 000, and will result in the aesthetic redesign of at least some portion of the existing faqade of the downtown store; the renovation of the downtown store; and the continuous operation of at least 160,000 square feet of retail space in a manner consistent with the current standards and practices in place with respect to other department stores operated by Target in Minnesota. F. Pursuant to the Contract, Target shall be responsible for the costs of the Project. The City's sole responsibility shall be to contribute the following: 1. funds in the principal amount of $6,300,000 to the payment of Project costs; and 2. additional funds in an amount not to exceed of $1,500,000 to be applied to the payment of the costs of asbestos removal necessary in connection the Project, pursuant to a program for asbestos removal mutually agreeable to the Port Authority, the City and Target. 13663.1. 0 1-\\?�• The assistance provided by the City shall be for the purpose of renovating Target's downtown Saint Paul department store, which is currently housed in old or decaying building stock, and to provide pollution control or abatement. The total assistance is less than 50� of total Project Costs. G. In exchange for the City contribution described in the preceding recital, the Contract requires Target to pay the City $630,000 annually if the downtown store has not been open and, absent force majeure causes, in continuous operation £or the preceding year. This provision commences on the date the Project is completed, and is effective for a period of ten years from such Project compleCion date. Any payment which Target is required to make pursuant to this provision shall be made on December 31 of the year in question. In addition to the annual payment described above, Target will pay the City $6,300,000 i£ the downtown department store has not remained continuously open, absent force majeure causes, for a period of ten years from the completion of the Project, and remains open on such date. The obligations of Target to make these payments will be secured by a mortgage on the downtown department store, a letter of credit or other collateral mutually acceptable to Target and the City. H. Target would not undertake the Project but for the execution of the Contract. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Saint Paul as follows: Section 1. Negotiation oE Contract for Redevelopment. The Contract providing for the Project described herein and in the presentation to the City Council is hereby approved in substantially the form attached hereto as Exhibit A. City staff and representatives of the Port Authority are hereby authorized to continue all work necessary to finalize the Contract in accordance with the terms of this resolution and the information presented to the City Council at this meeting. Section 2. Execution of Contract for Redevelopment. The Director, Planning and Economic Development, and other appropriate officials of the City are hereby authorized to execute the Contract and any other agreements necessary to consummate the transaction contemplated by the Contract and this Resolution upon being advised by City staff and representatives of the Port Authority that such Contract is in final form. Section 3. Waiver of Living Wage Requirements. In light of the longstanding participation of Target in the City, both at the downtown department store and at other store locations, and in consideraCion of Target's agreement to provide the Ramsey County Workforce Development staf£ with information regarding Target's employment needs at its downtown department store, and to consider, in good faith, and in accordance with its standard procedures, any qualified individuals referred to Target by the City for available positions at the downtown department store, the requirements of the City's living wage ordinance are hereby waived with respect to the construction and operation of the Project. Section 4. Retention of Counsel. Leonard, Street and Deinard is hereby retained to act as counsel to the City in connection with the matters approved by this resolution. Section 5. Financing Source Approval. The use of HRA Downtown Tas - Increment Subordinate Note Payments in the amount of $7,800,000 (or such lesser amount as is needed after application of cleanup grant proceeds) to pay Project costs, including the costs of asbestos removal, is hereby authorized. Section 6. Subordinated Note Advance. The City intends that the foregoing appropriation be considered, upon expenditure, as an advance against the Subordinated Tax Increment Revenue Note (DOwntown and 7 Place Project) issued by the HRA to the City. The City requests that the HRA approve the expenditure as an advance against said Note. 13663.1. o�-��a- Section 7. The City's 2001 Budget is amended as £ollows: Current Amended Budget Changes Bud et FINANCING PT•au 149 City Downtown Capital Projects Fund P6-149-76900-6604-00000 Payment from HR.A on Note - Interest 3,538,737 0 3,538,737 P6-149-76900-6922-00000 Payment from HRA on Note - Principal 1,819,365 7,800,000 9,619,365 Total Financing Plan 5,358,102 7,800,000 13,158,102 SPENDING PLAN 149 City Downtown Capital Projects Fund Wabasha Redevelopment Downtown Skyway Connections Busway Improvements - Smith Ave Parking / Skyway Visitor Signage Professional Services - Downtown Projects Downtown Project Administration �ota1 Current Spending Plan 5,358,102 0 5,358,102 Dayton's Store Project - Store Renovation 0 6,300,000 6,300,000 Dayton's Store Project - Environmental Cleanup 0 1,500,000 1,500,000 Total Spending Plan 5,358,102 7,800,000 13,158,102 Approved by the Council: , 2001 eas a s sent enanav � a ey ,�� os om � i ' o eman �, � - ams �, an �� ei er �. �.: =�- p �� : . QRI�I�AL 13663.1. -. :Adopted by Council: Date _.��. °�, f �.QS�1� 1 Adopfion Certified by Council Secretary $Y� � ' _� Approved by Mayor: Dat� ////�/��-( � �� By: Requested by Department of: � — By: Form Appro�ve by City Attomey By: !/ 1/cs� . � � Approved by or r Submission to Council BY= 1 �i��'.�� r� � �\-\�a• 13663.1 o�-��a— Saint Paul Port Authori GREEN SHEET � No 10? 335 Ken Johnson, Bill Morin 224-5686 � BE ON COUNCILAGHmF BY Eebruary=7, 2001 TOTAL # OF S{GNATURE PAGES 1 Approval of the Contract for Redevelopment between Target Gorporafion and City of Saint Paul ,��,}�r ��, �S'sQB�'23�°,1 �,. � ';�� PLANNING COMMISSION CIB COMMITTEE CML SERVICE CAMMISSION Staff Approval of this Contract for Redevelopment will assist in the interior and exterior rede- sign and renovation of the downtown Dayton (Marshal1 Fields) store. Target Corporation is willing to make a significant investmentand make the commitment and effort to improve this'under-performing sCore providing the City of Saint Paul also con,tributes to the in- , vestment. Target Corporation will commit for a minimum of ten years to the continuous operation at this site of at least 160,000 square feet of retail space in a manner consistent with the current standards and practices in place with respect to Dayton's retail stores. None �._ ,_ . .� .,- -�,: � � G1IYAliOIOEY ❑ CIIYClEO[ � �� a � wmR(oRUesrurtJ ❑ (CLIP ALL LOCASIONS FOR SiGAIATURE) Has nsc a��rm ever Mwlrea icder a mrihaa tartnie depaMknt? YES NO Flae tllis Y�� euer 6een a alY �PbYre? .�.,� _ . � .- ' ' " YES NO - oo� n� �� a sbn oa � nr �r w�rt aiy �awree� rES r�a kmia pe�lfi�m a rarpetea.enaorr VES NO yain all vea ar�as m seoarate aMet and � to arem sheM arvca.n. The potential loss of dovantown Saint Paul's only department store. $20,450,000 WST/REVENUE BUIXSETEDjpRCLE ONq YEE NO souRCe Target Corp./City of St. Paul/ Metropolitan Council ��+co�wro Source of Project Funds Target Corporation City of Saint Paul Metropolitan Council �crnRr �een are Detailed as Follows: $12,650,000 6,300,000 TOTAL $20,450,000 O \ -\\� IN OF THE CIN OF SAINT PAUL _____.-_ J2K TOWERS • 345 ST. PEfER STREET • ST. PAUL MN 55102-1661 January 15, 2001 Brian Sweeney Housing and Redevelopment Authority of the City of Saint Paul, Minnesota 25 West Fourth Street St. Paul, MN 55102 Dear Brian: FAX (612) 223-5198 TOLL FREE (800) 328-8417 • PHONE (612) 224�686 Enclosed for submission to the City Council at its meeting on January 24 is a resolution of the City Council authorizing the Contract for Redevelopment with Target for the renovation of their downtown retail store. We have met with representatives of Target and believe that the Contract is in substantially final form. Although I will be out of town until January 24, you should feel free to call Bill Morin if you have any questions in my absence. Sincerely, �`��--.__.__— Ken Johnson �� r � � a �� F X .�,a :� .�. �: cc: Bill Morin � � C, c �y�f1�^/.n/ `zma1� � 2035362v1 b � -�1}. Drafted: 1/30/2001 2:44 PM �• 1: CONTRACT FOR REDEVELOPMENT By and Between CITY OF SAINT PAUL, MINNESOTA And Y11_\:Ze! I�T[i iZ1]:71�7:7�I�7C�]�I THIS DOCITiVIENT WAS DRAFTED BY: Leonard, Street and Deinard, P.A. 380 St. Peter Street Suite 500 Saint Paul, MN 55102 2010301vt ot-� »-- TABLE OF CONTENTS I'.��`i ARTICLE i - DEFINITIONS 1.1 Definitions ................... ARTICLE 2. — REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS .........................4 2.1 Representations, Warranties and Undertakings by the City ........................................................4 2.2 Representations, Warranties and Undertakings by the Target ....................................................4 ARTICLE 3 — CITY OBLIGATIONS ..............................................................................................................6 3.1 City Contributions ...................................................................................................................................6 3.2 Permits ........................................................................................................................................................7 ARTICLE 4— CONSTRUCTION OF PROJECT ........................................................ 4.1 Consiruction of Project and Payxnent of Project Costs ................................ 4.2 Project Design Pians .............................................................................................. 43 Final Site and Construction Plans ...................................................................... 4.4 Commencement and Completion of Construction ........................................ 4.5 Certificate of Complerion ..................................................................................... 4.6 Restrictions and Requirements for Use ............................................................ 4.7 Additional Responsibilities of Target ............................................................... 4.8 Signage - Credit, Acknowledgments and Notices ......................................... 4.9 No Assessment Agreement .................................................................................. ARTICLE 5 — CASUALTY ..................... 5.1 Casualty .......................................... ........... ..............7 ............................... 7 ................................ 8 .............................. 8 ............................... 9 ............................... 9 ............................... 9 ..............................11 .......................11 ..............................11 12 12 ARTICLE 6 —ASSIGNMENT AND TRANSFER ......................................................................................13 6.1 Prohibition Against Transfer and Assignment ..............................................................................13 62 Subletting/Licensing .............................................................................................................................14 ARTICLE 7— EVENTS OF DEFAULT .................................. 7.1 Events of Default Defined ............................................. 7.2 HRA Remedies on Default ........................................... 'I3 No Remedy Exclusive .................................................... 7.4 No Addirionai Waiver Implied by One Waiver...... 7.5 Reimbursement ofAttorneys' Fees .............................. ARTICLE 8 — ADDITIONAL PROVISIONS ................................ 8.1 No Partnership ......................................................................... 8.2 Conflicts of Interest .........................................................._...... 83 Indemnification ......................................................................... 8.4 No Environmental Indemnification ..................................... 8.5 Titles ofArticies and Secrions .............................................. 8.6 Notices and Demands ................. ..........................._ ... 8.7 Counterparts ............................................................................... ..........15 ..........15 ..........15 ..........15 ..........16 ..........16 ............17 ............17 ............17 ............17 .............17 .............18 ............18 ... .....18 2010301v1 i o�-��— 8.8 8.9 8.10 8.11 8.12 8.13 8.14 EntireAgreement .................................... .................................... Approvals........................................................................................... UnavoidableDelay ...................................................................... Ternrination ............................................................................ T erm ............................ .................................................... ............. Mediation ....................................................................................... Venue .......................- ......-----.............. - - ................... EXHIBITS E�ibit A Eachibit B E�ibit C Exhibit D Exhibit E Reserved Preliminary Budget Affirmative Action/Equal Opportunity Requirements Labor Standards Required by Saint Paul Administrative Code Vendor Outreach Program Requirements .19 ,.19 ..19 ..19 .19 ..20 Zoio3oi�� ii o �-►�� CONTRACT FOR REDEVELOPMENT THIS AGREEMENT is made on or as of February _, 2001, by and between the CTTY OF SAINT PAITL, MINNESOTA, a municipal corporation under the laws of the State of Minnesota (the "Cit}�'); TARGET CORPORATION, a corporation organized and existing under the laws of the State of Minnesota (the "TargeY')_ RECITALS In fiutherance of the objectives of Minnesota Statutes, Chapter 469, the City has previously adopted a redevelopment plan for the central business district of the City (the "Project Area"). The Project Area contains land and buiidings which are in need of redevelopment and reuse in order to enhance the health, safety, and welfaze of the residents of the City. As a result, the City has previously found that the Project Area, together with other adjacent land, qualifies as a"Redevelopment District," pursuant to Minnesota Statutes. In consideration of this Agreement, Target has agreed to renovate and refurbish the downtown retail store (the "Store") operated by Target in the Project Area as further described in this Agreement (the "ProjecY'). The Parties hereto believe that the Project as more fully set forth in this Agreement is in the best interests of the City and wiil renovate old building stock, expand the tax base of the City, expand the job opportunities available to the residents of the City and its surrounding area and will otherwise benefit the health, safety, morals and welfare of the residents of the City, in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2010301v1 o�-�v- ARTICLE 1. DEFINITIONS 1.1 Definitions - In this Agreement, unless a different meaning clearly appeazs from the context: "AcY' means all relevant provisions of Minnesota Statutes, Chapter 469 and Laws of Minnesota 1992, Chapter 376. "AgreemenP' means this Contract for Redevelopment, as the same may be from time to tnne modified, amended, or supplemented in writing. "Ciry" means the City of Saint Paul, Minnesota. "City Contribution" means the funds provided by the City to Target pursuant to Section 3.1(1). "City Council" means the City Council of the City. "City GranY' means the funds provided by the City to Target pursuant to Section 3.1(4). "City Resolution" means the resolution to be presented to the City Council to authorize, among other things, the execution, delivery and performance by the City of this Agreement. "Construction Plans" means the final site and construction plans for the Project in such form and detail as is customarily required by the City for review and issuance of necessary permits. "Event of DefaulY' means an action by any pariy listed in Sections 8.1 or 8.2 of this Agreement. "Final Payment Date" means December 31, 2012. "Memoranduxn of IntenY' means the Memorandum of Intent with an effective date of December 12, 2000 which was entered into by and between the Port Authority and Target with respect to the Project. "Open in Continuous Operation" means, subject to closure for a reasonable period of time as a result of force majeure, the Store has at least 132,700 squaze feet of retail space open to the public and operated in the manner consistent with the current standazds and practices in place with respect to the Dayton's and/or Mazshall Fields stores operated by Target within the State of Minnesota. During the period of remodeling (not to exceed 18 months), portions of the Store (not to exceed 35%) may be temporarily closed to the public and still be deemed Open in Continuous Operation. zoiosoioi Z 01-11+- "Port Authorit}�' means the Port Authority of the City of Saint Paul, Minnesota or any successor or assi�. "Preliminary Budget for the ProjecY' means the information set forth on E�ibit B. "ProjecY' means the renovarion of the downtown Saint Paul department store in the manner described in Section 4.1(1). "Project Area" means the azea included in the downtown redevelopment plan previously adopted by the City. "State" means the State of Minnesota. "Store" means the downtown Saint Paul retail store operated by Target, currently located on the block bounded by Sixth, Seventh, Cedaz and Wabasha Streets, including the existing parking ramp, and the renovations and modifications accompiished by the Project resulting in 132,700 squaze feet of retaii space consistent with current standards and practices in place with Dayton's and/or Marshall Fields stores operated by Target in Minnesota. "Tazget Project Costs" means the costs incurred by Target in connection with the Project, as more fully described in Section 4_l(2). "Unavoidable Dela�' means a forced delay in the performance of obligations which is the direct result of events beyond the control of the City or Target and without their fault or negligence and is caused by: (a) acts of God; (b) acts of the public enemy; (c) acts of the State, Federal, Regional and local Governments (other than the City), including the court systems thereof; (d) fire, floods, epidemics, quarantine reshictions, strikes, severe construction materials shortages, freight, embargoes, and unusually severe weather; (e) delays attributable to the presence of hazardous substances including petroleum and its byproducts, and including MPCA directives regarding environxnental remediation; ( fl delays attributable to items or structures of archeological or historical significance; (g) delays of subcontractors, or (h) delays due to damage, or desmxction of the Project. Unavoidable Delay does not include the unavailability of funds, letters of credit, payment and performance bonds, or credit enhancement for loans. "Zoning Ordinance" means that portion of the Code of Ordinances of the City, designated as such and as amended from time to time. zoioso��i 3 o�-��- ARTICLE 2. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS 2_1 R_pe resentations. Warranries and Undertakines by the Citv. The City represents and warrants that: (1) The City is a municipal corporation duly organized and existing under the laws of the State of Minnesota, and has entered into this Agreement and will perform and observe the covenants and agreements on its part contained herein. (2) The City Resolution has been duly adopted by the City in accordance with applicable procedural requirements and remains in full force and effect as of the date hereof. (3) The execution, delivery and performance of this Agreement by the City, does not and consummation of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not, conflict with or constitute on the part of the City a breach of or default under any existing (a) indenture, mortgage, deed of trust or other agreement or instrument to which the City is a party or by which it or any of its property is or may be bound, or (b) legislative act, constitution or other proceeding establishing or relating to the, establishment of the City or its officers or its resolutions. (4) There is not pending or to the best of the City's knowledge, threatened, any suit, action or proceeding against the City befare any court, arbitrator, administrative agency or other govemmental authority that materially and adversely affects the validity, as to the City, of any of the transactions contemplated hereby, the ability of the City to perform its obligations hereunder, or as contemplated hereby or thereby, or the validity or enforceability of this Agreement or the City Resolution. (5) No member of the City Council or officer of the City, has either a direct or indirect financial interest in this Agreement, nor will any member of the City Council or officer of the City, benefit financially from this Agreement within the meaning of Minnesota Statutes, Sections 4123I1 and 471.87. 2.2 R___pe resentations, Warranties and Undertakin�s bv Tar�et — Tazget represents and warrants that: (1) As of the date hereof: (a) Target is a corparation duly formed under the laws of the State of Minnesota and in good standing under the laws of the State of Minnesota. (b) There are no pending or threatened legal proceedings, of which Target has notice, contemplating the liquidation or dissolution of Tazget or threatening its existence, or seeking to restrain or enjoin the transactions zo�osoi�i 4 o�-��— contemplated by the Agreement, or quesrioning the authority of Target to execute and deliver this Agreement or the validity of this Agreement. (c) Target has been duly authorized to execute and deliver this Agreement. Tazget is not presently in violation of or default under any provision of this Agreement. (d) Neither the execurion and delivery of this Agreement, the consnmmation of the transactions contemplated hereby, nor the fuifillment of or compliance with the terms and conditions of this Agreement is prevented, lixnited by, conflicts with, or results in a breach of, the terms, conditions or provisions of any reshiction or any evidences of indebtedness, agreement or instrument of whatever nature to which Target is now a party or by which it is bound, or constitutes a default under any of the foregoing. (e) Target is not presently aware of any condition or fact which would prevent Target from carrying out and performing its obligations and agreements under this Agreement; provided that this representation does not extend to the performance by the City or other third parties not under TargeYs control, whose acts or approvals aze necessary in order that Target may perform its obligations and agreements. (2) Target or its successors and assigns wili construct the Project in accordance with the terms of this Agreement. (3) Target wili comply with all applicable local, state and federal environxnental laws and regulations, as they relate to the conshuction of the Project and the ownership and operation of the Store. (4) Target wiil obtaan, in a timely manner, ali required perxnits, licenses, and approvals, and will meet, in a timely manner, all requirements of all locai, state and federal laws and regulations which must be obtained or met before the Project may be lawfully undertaken. (5) Target will reasonably cooperate with the City with respect to any litigation commenced by third parties with respect to the Project. (6) Subject to the timely performance by the City of its obligations under Article 3, Target represents and warrants that it has adequate financial capability to and wili complete each of the activities or tasks required by this Agreement by the deadline for each specified on the Preliminary Budget and Schedule of Project, with a cost of not less than $20,000,000. (7) Target would not undertake the Project but for the execution of this Agreement. zoiosoi�t 5 oS.��- ARTICLE 3 CITY CONTRIBUTIONS 3.1 Citv Conhibutions. (1) Citv Contribution - General. In connection with the Project, the City shall conhibute to the economic development of the City and to the Project by paying to Target, as non-shareholder contributions to capital as defined in Section 118 of the Intemal Revenue Code of 1986, funds in the principal amount of $6,300,000, to be applied by Target to the payment of Target Project Costs. (2) Citv Contribution — Deliver�of Funds. The funds to be made available by the City pursuant to the City Contribution shall be delivered to Target as follows: (a) $3,000,000 of the City Contribution shall be delivered to Target contemporaneously with the execution of this Agreement, or at such later date as requested by Target in writing, within ten days after receipt of such request. (b) $1,650,000 upon re-opening to the public, after remodeling, of one floor of the three to be remodeled. (c) The remaining $1,650,000 of the City Contribution shall be delivered to Target upon receipt by the City of the Certificate of Completion required by Section 4.5 of this Agreement. (3) City Contribution — Re�ayment. In exchange far the non-shareholder contributions to capital by the City described in subsection (1), above, Target agrees to pay the City $630,000 on December 31, beginning December 31, 2003 and continuing on each December 31 until December 31, 2012, if the Store has not been Open in Continuous Operation for the preceding calendar year. In addition to the annual payments described in the preceding sentence, Target will pay the City $6,300,000 on the Final Payment Date if the Store has not been Open in Continuous Operation for the prior ten years. The obligations of Target to make the payxnents provided for in this Section 3.1(3) will be secured by a mortgage on the Store, a letter of credit or other collateral mutually acceptable to Target and the City. Such mortgage or other collateral shall be executed and/or delivered by Tazget to the City contemporaneousiy with the delivery of the first installment of the City Conh (4) City Grant - General. In addition to the contribution of funds provided in subsections (1) and (2), above, the City shall aiso provide Target with additional funds, as non-shareholder contributions to capital as defined in Section 118 ofthe Intemal Revenue of 1986, in an amount not to exceed $1,500,000, to reimburse Target for the payxnent of costs of asbestos removal necessary in connection with the Project, pursuant to a program for asbestos removal mutually agreeable to the Port Authority and Tazget. zoiosoi�i o�-�� (5) Citv Grant — Deliverv of Funds. To the extent Project Costs include the removal of asbestos, the City intends to fund the payment of amounts to be contributed towazd those costs from grants from the Metropolitan Council, ar any other applicable agency of government. To this end, Target agrees to provide the City with reasonabie informarion necessary to enable the City to make applicarion in May, 2001, for the necessary grants, and to cooperate with the City in such applications, as more fully provided in Secrion 4.4(2). Subject to the provisions of Section 4.4(2) beginning August 1, 2001, the City shall deliver City Grant funds to Target within 30 days after receipt of invoices and/or other information reasonably satisfactory to City to identify the costs that have been incurred by Target in the removal of asbestos and/or other hazardous materials, and in an amount of such costs, up to a total of $1,500,000. 3.2 Permits. The City shall use ail comxnercially reasonable efforts to help Target obtain any and all necessary perxnits or variances from the City, so that the Project, as approved pursuant to this Agreement and constructed, complies with all City code requirements. ARTICLE 4 CONSTRUCTION OF PROJECT 4.1 Construction of Project and Pavment of Proiect Costs (1) Target, at its sole cost and expense, shall renovate and refurbish the Store in a way that will result in the following modifications: (a) the aesthetic redesign of at least a portion of the existing faqade of the Store; (b) the removal and/or remediation (to the extent required by law, or to such other standard as is mutually agreed to) of any asbestos and other hazardous materials discovered in or at the portions of the Store which are part of the Project in accardance with all applicable laws, ordinances and approvals; (c) The redevelopment of the three middle floars of the Store in a way that results in a department stare containing at least 132,700 square feet of retail space available for use in a manner consistent with the current standards and practices in place with respect to Dayton's and/or Mazshall Fields stores operated by Target in Minnesota. The Project shall also include all f�tures and equipment and other infrastnxcture associated with such renovation. (2) Tazget shall be solely responsible for the Project, and the payment of ali costs incurred by Target in connection therewith, including, without limitation, capital costs, special assessments for improvements which relate to or result from the Project; removal and/or remediation (to the extent required by law) of any asbestos discovered in zoiosor�i � o�-�� or on the Project azea; and "soft" costs such as design and engineering, legal, consulting and project management costs, etc., provided that Target shall be entitled to reunburse itself for a portion of such costs from funds contributed by the City pursuant to Section 31(1) and (2). The expenses incurred by the City and the Port Authority in connecrion with the Project shali be the responsibility of the City and/or Port Authority, and shall not be paid by Tazget. A Preliminary Budget for the Project, showing the estimate of Target Project Costs is attached hereto as Eachibit B. (3) The total Target Project Costs shall not be less than $2Q000,000. 42 Project Desien Plans (1) Target will agree to participate in the City's design review process as to the exterior redesign of the building. The Project will be designed to reflect the design guidelines and the design principles in the Saint Paul on the Mississippi Development Framework. Target shall agree to cooperate and coordinate with the City, and offer the City an opportunity to review and comment upon the proposed exterior redesign. Notwithstanding the foregoing, the City acknowledges and agrees that, to keep the Project on the schedule contempiated by the parties, it is imperative that the design review process commence and conclude as soon as practicai after Target submits a proposed redesign to the City for review. (2) If at any time Target desires to make any change to the design pians a$er they have been finalized, such proposed changes (except for any changes to the interior of the Project that do not impact massing or exterior appearance) shall be submitted to the City and the City's design team for review and comment. 43 Final Site and Construction Plans (1) Target sha11 submit final site and Construction Plans for the construction of the Project to the City for its approval pursuant to applicable code and ordinance requirements. The Construction Plans shall conform to all applicable federal, state, and local laws, ordinances, rules and regulations. (2) If the Construction Plans aze not reasonably approved by the City, Target shall make such changes as the City may require to comply with the City's building code or Zoning Ordinance, provided the Target Project Costs reasonabiy estimated to be incurred because of such charges do not exceed five percent of the Target Project Costs estimated to be incurred prior to such changes. If the reasonably estimated costs to be incurred as a result of such changes exceed five percent, Target and the City shall negoriate such changes in good faith for a period of 30 days to attempt to reduce such incremental cost to within the five percent. Failing that, Target shali have the right to terminate this Agreement by written notice to the City and repayment of any payments made under Sections 3.1(1), (2), (4) or (5). zotosotvt g Ci-1��- 4.4 Commencement and Completion of Construction. (1) Subject to (a) Unavoidabie Delay and (b) timely performance by the City under this Agreement, Target will commence design work necessary on the Project no later than March 1, 2001. The Project will be substanrially completed no later than June 30, 2003. All work with respect to the Project to be constructed by Tazget shall be in substantiai confornuty with the Construction Plans relating thereto as submitted by Target and approved by the City. (2) Notwithstanding anything in this Agreement to the contrary, Target will exercise commercially reasonably efforts to provide the City with its work plan for the removal of asbestos and/or any other hazazdous materials by no later than April l, 2001, and will cooperate with the City to obtain the approval of the Minnesota Pollution Control Agency of that work plan. Tazget will further exercise commercially reasonable efforts to cooperate with the City with its plan to make an application(s) for grant funds to fund the City Grant, which applications wili be due no later than May 1, 2001. Target aclrnowledges that if these deadlines are not sarisfied, the funding contemplated by Section 31(4) will not be available untii the next six month cycle of the MPCA. 4.5 Ceftificate of Com in etion. - Promptly after complerion of construction of the Project, Tazget shall cause to be delivered to the City a certificate of substanrial completion by TargeYs architects, including verification by Target and its architects that the Project has been substantially completed in accordance with the Construction Pians relating thereto. 4.6 Restrictions and Requirements for Use — Target agrees for itself, its successors and permitted assigns, and every related lessee or sublessee of any interest in ar to the Project or any part thereof, that it shall: (1) Affirmative Action/Equal Op ortunity. With respect to construction of the Project, Target shall cause its contractors and subcontractors to comply with the requirements of Section 183.04 of the Saint Paul Legislarive Code and the Rules Goveming Affirmative Requirements in Employment adopted by the Saint Paul Human Rights Commission. TargeYs contactors and subcontractors shall meet the requirements of this subsection by meeting reasonable participation levels, in compliance with the statement of affirmative acrion/equal opportunity requirements attached hereto as Exhibit C and incorporated herein, and by providing all reasonably required information and reports demonstrating such compliance. (2) Labor Standazds. With respect to construction of the Project, the Target agrees to cause its contractors, subcontractors and lower tier subcontractors to comply with the requirements of Secrion 82.07 of the Saint Paul Administrative Code. TargeYs contractors and affected subcontractors shall meet the requirements of this subsection by compliance with the requirements set forth in Exhibit D attached hereto and incorporated herein. zo�osot�� 9 o�-��- (3) Vendor Outreach Pro�ram. With respect to construction of the Project, Target shail cause its contractors and subcontractors to comply with the City's Vendor Outreach Prograzn or equivalent thereof as required by Chapter 84 of the St. Paul Adminish Code. In entering into contracts and subcontracts for the Project, Target shall cause its contractors and subcontractors to meet the requirements of this subsection by compliance with the requirements set forth in Eachibit E hereto and incorporated herein. (4) Contract Documents. With respect to construcrion of the Project Target shall incorporate or cause to be incorporated in all construction contracts for the Froject to which they are a party the requirements of this Section 4.6 and to cause its contractors or prime contractors for the Project to incorporate these Section 4.6 requirements in all subcontracts, including contracts for purchase of materials, for the Project. (5) Livin¢ WaQe Covenants. In light of the long standing participation of Target in the City, both at the downtown Store and at other store locations, the City hereby waives the requirements of its living wage policy with respect to the operation of the Store and construction of the Proj ect. (6) Business Subsidv. The parties hereto agree, based on an opinion of counsel provided by the City, and because the Project involves the renovation of old building stock, the Project, and the City Contribution and City Grant made with respect to the Project, which total less than 50% of the Target Project Costs are exempt from the requirements of Minnesota's business subsidy law. (7) First Source. Target further agrees that, for the term of this Agreement, it will provide on a reasonabie basis the Ramsey County Workforce Development Staff with inforxnation regarding TargeYs employment needs at the Store, and will consider, in good faith, and in accordance with its standard procedures, any qualified individuals referred to Target by the City for available positions at the Store. (8) The undertakings set forth in subsections (1), (2), (3), and (4) of this Article 4.6 shall be in effect for the period from commencement of construction of the Project through the submission of the certificate of substantial completion required by Articie 4.5 of this Agreement, and shall terminate upon Target's compliance with Article 4.5. By performing its undertakings in this Article 4.6, Target will fully and completely satisfy any and all obligations imposed on it by Sections 82, 84 and 183 of the St. Paul Code and any rules and regulations thereunder as a result of TargeYs execution of this Agreement and its participation in the Project. The parties agree that Target has no obligarions under Sections 82, 84, and 183 of the St. Paul Code or the rules and regulations thereunder as a result of TargeYs execution of this Agreement and its participation in the Project except as specifically set forth in this Agreement. (9) The parties hereby agcee that, for purposes of the requirements this Agreement, there is no sepazation between skilled and unskilled labor. zoiosoi�� 10 O1- il?- 4.7 Addirional Resnonsibilities of Tar�et . (1) Target will not construct any buiiding or other structures or improvements on, over, or within the boundary lines of any public utility easement unless such construction is provided for in such easement or has been approved by the utility involved. (2) Target will be responsible far the payment of all sewer availability charges with respect to the Project including all SAC or WAC chazges that may be assessed. The City will neither be responsible for nor bear any portion of the cost of installing the necessary utility connections between the Project and the public utilities. (3) Target, at its own expense, will replace or repair any operative public facilities and public utilities damaged as a resuit of the construction of the Project, to their condition immediately preceding such damage, and in accordance with the technical specifications, standards and practices of the owners thereof. (4) Target will be responsible for the payment of all required application fees for zoning, site plan review and approval, and construction plan review and approval. 4.8 SiQnaee - Credit, Acl�owledpanents and Norices - If construction signage is erected at the Project, Tazget shall, prior to the commencement of construction, at its own expense, erect a sign of reasonable size in a prominent position on the Project indicating to the general public the name of the Project and acknowledging the participation of the City. Target shall also give reasonable notice to the City of ground breaking, opening ceremonies and like events so the City may obtain publicity of and participation in such events. Tazget agrees to assist and cooperate in and with such publicity and participation. Target further agrees that the City shall also have the right to issue press releases concerning the Project, provided that all such press releases shall be subject to prior review and approval by Target. 4.9 No Assessment A�eement. No assessment agreement providing for an agreed assessed value or a minimum tax payment for the downtown Store will be required from Target, and nothing contained in this Agreement shall limit or restrict the ability of Target to challenge or reduce the real estate taaces or special assessments payable on the Store. zoioso��i 11 o � -��- ARTICLE 5. CASUALTY 51 Casual - Target will promptly notify the City in the case of damage or destruction of the Store or any portion thereof, including the Project resulting from fire or other casualty. If the Stare is closed as a result of such damage or destruction, and is not repaired and re-opened after a reasonable period of time, the Store will be deemed not to be Open in Continuous Operation for purposes of Secrion 3.1(3). Notwithstanding any provision of this Agreement, if the damage or deshuction occurs within the last 18 months prior to the Final Payment Date, and Target chooses not to rebuild and re-open the Store, the payment which will be due from Target under the second sentence of Section 3.1(3) on the Final Payment Date will be equal to $6,300,000 rimes a fraction the numerator of which is the number of months remaining between the date on the Store's closure (up to a maacimum of 18) and the denominator of which is 120. zatosoivi 12 61- �\�-- ARTICLE 6. ASSIGNMENT AND TRANSFER 6.1 Transfer and Assienruent. (1) Target represents and agrees that, in connection with any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Store or any part thereof or any interest therein, or any contract or agreement to do any of the same except by way of security for, and only for, the purpose of obtaining fmancing necessary to enable Tazget or any successor in interest to the Store, or any part thereof, to perform its obligations with respect to constructing the Project under the Agreement, any proposed transferee shall expressly assume all of the obligations of Target under this Agreement and agree to be subject to all the conditions and restrictions to which Target is subject, by instruxnent in writing reasonably satisfactory to the City. For purposes of this requirement, it is agreed that the transferee must specifically acknowledge the requirement of Section 3.1(3). The fact that any transferee of, or any other successor in interest whatsoever to, the Store, or any part thereof, shall not have assuxned such obligations or so agreed, for whatever reason, shall not relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or conirols with respect to the Project ar the construction of the Project thereon. It is the intent of this Articie 6 together with other provisions of this Agreement that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Store or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Store and the construction of the Project thereon that City would have had, had there been no such transfer or change; (2) In the absence of the specific written agreement by the City to the contrary, no such transfer (whether ar not approved by the City) shali be deemed to relieve Target, or any other party bound in any way by this Agreement or otherwise, with respect to the construction of the Project or the payment of amounts due hereunder, from any of its obligations with respect thereto. (3) Notwithstanding the foregoing provisions of this Section 6.2, Target may sell, transfer, assign or convey this Agreement and/or the Project to an"Affiliate" of Target. For purposes of this provision, the term "Affiliate" means with respect to any party (a) any corporation, partnership, limited liability company or other business entity or person controliing, controlled by or under common control with such party, and (b) any successor to such party (ar to any Affiliate of such party, as long as the requirements of clause (a) continue to be met) by merger, acquisition, reorganization or similar transaction invoiving all or substantially all of the assets of such party (or such Affiliate). zoioso��t 13 o�-�� For purposes hereof, "controlling," "controlled b}�' and "under common control with" shall mean, with respect to any corporation, partnership, lunited liability company or other business enrity, the possession, directly or indirectly, of the power to direct or cause the direction of management policies of such enrity, whether through ownership of voting securities or otherwise. 62 Sublettine/I,icensing. Notwithstanding the foregoing, no sublessees or licensees of Target shall be required to comply with or assume the obligations of Target under this Agreement, provided such sublessees or licensees operate departments within the Store. Spaces which aze operated as retaii space under subleases and/or licenses shall be included in determining whether those parts of the Store aze Open in Continuous Operation. zoiosoi�� 14 o�-��— ARTICLE 7. EVENTS OF DEFAULT 7.1 Events of Default Defined - The following shall be "Events of Default" under this Agreement and the term "Event of DefaulY' shail mean, whenever it is used in this Agreement (unless the context otherwise provides}, any one or more of the foliowing events: (i) Failure by Target to observe and perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, within 30 days after written notice to Target specifying such failure and requesting that it be remedied (or within such other period as otherwise expressiy provided in this Agreement), or within such further period of time as is reasonably necessary to cure such failure, but only if Target has within 30 days provided the City with assurances deemed adequate by the City that Target will cure the failure as soon as is reasonably possible. (2) Failure by the City to observe and perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, within 30 days after written notice to the City specifying such failure and requesting that it be remedied (or within such other period as otherwise expressly provided in this Agreement), ar within such fitrther period of time as is reasonably necessary to cure such failure, but only if the City has within 30 days provided Target with assurances deemed adequate by Target that it will cure the failure as soon as reasonably possible. 7.2 Citv Remedies on Default - Whenever any Event of Default occurs, the non- defaulting party may take any one or more of the following actions: (1) Suspend performance under tkus Agreement until it receives assurances from the defaulting party, deemed adequate by the non-defaulring party, that the defaulting party will cure the default and continue its performance under this Agreement. (2) Take whatever action at law or in equity may appear necessary or desirable to the non-defaulting party to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, ageement, or covenant of the defaulting party under this Agreement. 73 No Remedv Exclusive - No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy ar remedies unless otherwise expressly stated, but each and every such remedy shall be cuxnulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right ar power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other than such notice as may be required in this Article 7. zoioso�� 15 01 7.4 No Addirional Waiver Im�lied bv One Waiver - If any agreement contained in this Agreement should be breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 7.5 Reimbursement of Attomeys' Fees. If either party to this Agreement shall default under any of the provisions of this Agreement, and the other parly shall employ attomeys or incur other reasonable expenses for the coliecrion of payments due hereunder, or for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting pariy contained in this Agreement, the defaulting party will on demand therefore reimburse the other party for the reasonabie fees of such attorneys and such other reasonable expenses so incurred. zoiosoi�i , 16 � t- �\'� ARTICLE 8. ADDITIONAL PROVISIONS 8.1 No Partnershiv - Nothing herein shali be construed to create a parinership or joint venture between or among Tazget and the City, nor shall anythiug herein be construed to create a fiduciary relationship between the Parties as to any activity described herein. 8.2 Conflicts of Interest - No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, parinership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to Target, any successor in interest, in the event of any defauit or breach by the City, or for any amount which may become due to Target, successor or on any obligations under the terms of this Agreement. No employee of Tazget shall be personally liable to the City in the event of any default or breach by Target or for any amount which may become due to the City or its successors, or on any obligations under the terms of this Agreement. 83 Indemnification Target will pay, and will indemnify and save the Port Authority and the City, their agents, officers and employees, harmless from and against all liabilities, losses, damages, causes of action, suits, claims, demands, and judgxnents of any nature including reasonable attorneys' fees, because of bodily injuries to, or death of, any person and because of damages to property, including loss of use from any cause whatsoever, arising out of, incidentai to, or in connection with the use, nonuse, ownership, condition, or occupancy of the Stare, or with the construction or operation of the Project, due to any acts of omission or commission, including negligence, of Target, or any contractor or their employees or agents; provided, however, that TargeYs oblagations shall not extend to any cause of action arising out of or relating to any act of omission ar commission of the Port Authority or the City, their officers, employees, or agents. TargeYs liability hereunder shall not be limited to the extent of insurance carried by or provided by Target or subject to any exclusions from coverage in any insurance policy. 8.4 No Environmental Indemnification. The City makes no warranties or representations regarding, nor does it indemnify Target with respect to, the existence or nonexistence on or in the vicinity of the Store any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyis, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous substance as defined in the Comprehensive Environxnental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 961-9657, as amended) (collecrively, the "Hazazdous Substances"). The foregoing disclaimer relates to any Hazardous Substance allegedly generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on or in the vicinity of the Project Area, as well as any activity clauned to have been undertaken on or in the vicinity of the Project Area that would cause or coniribute to causing (1) the Project Area to zoiosoi�� i� �1—�\} become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Project Area within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. § 691 et s�., or any sunilar state law or local ordinance, (2) a release or threatened release of toxic or hazazdous wastes or substances, pollutants or contatninants, from the Project Area within the meaning of, or otherwise bring any Project Area within the ambit of, CERCLA, or any similar state law or local ordinance, or (3) the dischazge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a pemut under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et se . or the Clean Air Act, 42 U.S.C. § 741 et sea•' or any sunilar state law or local ordinance. Further, the City makes no warranties or representations regarding, nor does the City indemnify Target with respect to, the existence or nonexistence on or in the vicinity of the Project Area of any substances or conditions in or on the Project Area that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environxnental Response and Liability Act, Minnesota Statutes, Chapter 115B ("MERLA"), and the Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 115C. The City makes no representations or warranties regarding the existence of any above ground or underground tanks in or about the Project Area, or whether any above or underground tanks have been located under, in or about the Project Area and have subsequently been removed or filled 8.5 Titles of Articles and Sections - Any titles of the several parts, articles, and sections of this Agreement are inserted far convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 8.6 Notices and Demands - Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this A� by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of Target is addressed to or delivered personally to Target at: ATTN: Target Corparation Property Development, 1000 Nicollet Mall, Minneapolis, MN 55403, Attn: Property Administration; (2) in the case of the City, is addressed to or delivered personally to the City, AT1`N: at City Hall Annex, 25 West Fourth Street, Saint Paul, Minnesota 55102 with a copy to the Office of the City Attorney, 400 City Hall, Saint Paul, Minnesota 55102; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forwazd to the other as provided in this secrion. 8.7 Counter�arts - This A�eement is executed in any number of counterparts, each of which shall constitute one and the same instrument. zoiosm�i 18 o�-�� 8.8 Entire Aazeement - T'his written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreement including, but not limited to the Memorandum of Intent. 8.9 Annrovals - Wherever in this Agreement the consent, satisfacrion or approval of any party hereto is required, necessary or requested, such consent, satisfaction or approval shall not be unzeasonably withheld or unduly delayed. 8.10 Unavoidable Delav - The representations, warranties, covenants, performance requirements, and undertakings of each of the parties to this Agreement aze subject to and may be delayed by Unavoidable Delay. 8.11 Termination (1) Except as provided in subsection (2), below, upon delivery to the City of certificates of substantial completion for the entire Project, this Agreement shall terminate and be of no further force and effect. (2) Notwithstanding the provisions of subsecrion (1), above, the following provisions of this Agreement shall survive the terminarion effected under subsecrion (1), and shall continue in effect until the date on which a11 payments due under Section 3.l (3) have been fully paid, forgiven or waived: (a) Section 2.1 — Representations, Warrailties and Undertakings by the City. (b) Section 2.2 — Representations, Warranties and Undertakings by Target. (c) Section 3.1(3) — City Contribution — Repayxnent. (d) Section 4.6 — Restrictions and Requirements for Use. (e) Section 4.7 — Additional Responsibilities of Target. (f� Section 4.9 — No Assessment Agreement. (g) Article 6- Assignment and Transfer (h) Article 9 with respect to additional provisions. 812 Texm - Except as provided in Section 8.11, above, the term of tkus Agreement shall be from the day and yeaz first above written until the date on which all payments due under Section 3.1(3) have been fuliy paid, forgiven or waived. zmosorv� 19 o�-►►�-- 8.13 Mediarion — All claims, disputes or other matters in question between the parties to this A�eement arising out of or relating to this Agreement or breach thereof, shall be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties aze unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similaz person, to select a person from its list of qualified neutrals. The mediation shall be attended by employees or agents or each party having authority to settle the dispute. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defenses based on the passage of time are toiled while the mediation procedures are pending, and for a period of 30 days thereafter. 8.14 Venue — All matters, whether sounding in tort or in contract, relating to the validity, construction, performance, or enforcement of this Agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota, and Target agree that all legal actions initiated by Tazget with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued exclusively in the State of Minnesota, Ramsey County, District Court. [SIGNATURE PAGES FOLLOW] zoio3oi�� 20 o�-�i�- IN WITNESS WfIEREOF, the Parties have caused this Agreement to be duly executed in their names and behalf on or as of the date first above written. Approved as to Form Attomey CTTY OF SAINT PAUL By: Its: [Signature Page to Redevelopment Agreement by and among the the City of Saint Paul, Minnesota and Target Corporation] 2010301v1 1966598v1 .S-1 o� _ i r�-- TARGET CORPORATION � 2010301v1 1966598v1 [Signature Page to Redevelopment Agreement by and among the the City of Saint Paul, Minnesota and Target Corporafion] S-2 Ot-1��- r��:3�i� [Reserved] zo�o3ot„i A-1 o�-»� EXHIBIT B Preliminary BudQet AT'I'ACHED zmosoi�i g_I <� DAYTON'S ST. PAUL REMODEI. �UDGET BREAKDOWN [kscn tion , terior Remodet ' Incladed in the remodel are all new flooring maxerials, dcywall & acoustical ceilings, upgraded light levels, paint & waifcoveriug, lilso incocporated into the remodel will be updated restrooms, Deti Foods, Candy end Starbucks Coffee Shops. ]F�xisring Parking Ramp Upgrade Includes paint and lighting upgrades to improve appearauce and function. Bud¢et $16,923,OOQ $456,000 lqzterior Improvemeats 51,571,000 Inciudes new e�rance canopies on the Wabasha Street Entrances with new building signs to reptace existing sigoage. Exterior brick cleaning and necessary tuckpointing repairs aze also Included. �sbestos Abatement ' Includes demolirion and abatement of materials as identified by the Tazget Environmental Group Tatai Project Badget 51.500.000 520,452,OQ0 o�-i��- dt-1��- EXHTBIT C Affinnative Action/Equal Opporhmitv Requirements ATTACHED zoio�m�i • C-1 DEPARTNIENT OF HUMAN RIGHTS W. H. Tyrone Terrill, Director CIT'Y OF SAINT PAUL Nornt Coleman, Mayor 900 City Haf! Telephone: IS iV. KelloggBoulevard Facsimile: Saint Paul, M•W S.i102-1681 TDD: 01-1�i- 6�1-266-8966 651-266-8963 651-266-8977 AFFIRI�IATIVE ACTION/EQUAL EMPLOYMEI�IT OPPORTUARTY REQUIREMENTS CONSTRUCTION CONTRACTS Section 183.04 of the Saint Paul Legislatice Code (Human Rights Ordinance) and the Rules Governing Affirmative Requirements in Employment set forth the �rma6ve Acflon Requiremencs w•hich aze to lx incocporated into and made a part of every conuact entered into by the City of Saint Paul. These documents aze acailable on the Saint Paul Human Righu DepartmenPs Web Site x�c ci.sroaul.mn.w:dents/lmmanri,hts/, at the DepartmenPs office at 900 City Hall, Saint Paul, Minnesota, or by caliing the Department at (651) 7b6-8966. T'he Saint Paul Department of Human Rights is responsible for monitoring the Contract Compliance Prognm to deteanine whether or not persons or firms doing business with the City are mmptying with Szciion 183.Od of the Human Rights Ordinance and the Rules. As stated in Secflon 183.04, the contractor will not discriminate against any emplo}�ee or applicant for employmzn[ because of race, creed, religion, sex, se�w�l or affectional orientation, color, national"origin, ancestry•, familial status, agz, disability, macital status or status with regard ro public assistance. Employers who con[ract with the Ciry of Sain[ Paul mus[ do more [han merely avoid discriminatory practices. They must adopt and implement affirmatice action programs to employ �•omen, minocities, and people �tith disabilities. The contractor must also include the Afficmatice Action provisions of the Human Rights Ordinance and the Rules in every subcontract, purehaze order, or agreement �rith any subcontractor (including material suppliers and subconuactocs who enter into a contract with another subcontraMOr or material supplier), «ith stipulations tk�at [he subcontraMOr is bound by the temu thereof. A contractor's good faith affirmative acaon efforts in the emplo}'ment of a•omen, minorities, and people with disabilities �tiill be taken into wnsidecaaon in the a�Yarding of a cantract. It is the contractor's responsbility to become famitiar and comply with the City's requirements and to ensure that their subcontractors compl}� with them. AFFIRMATIVE ACT'ION PROGRAM REGISTRATION Every contracior or subcontractor whose total accumulated contract or subcontract anards from the Ciry of Saint Paul ocer the preceding vxelve months has ezceeded 550,000 must complete and submit to the Department an Affirmatic•e Acdon Program Registraflon, throu�h whieh the contractor certifies it has deceloped and is implemenfing an effecfice Affirmatice Action Program, substan6ally similaz to the DepartmenPs Modzl Affirmative Action Program for Consuucdon Contractors, �ciuch shall include hiring g�als for the employznent of �comen and minorities in the contractor's office and construcaon �rrorl�'orces. Once the �nnative Acdon Program Registrauon form is compieted and accepted by the Saint Paui Human Rights Department, the conuactoc ��ill be notified by letter. The Regisuation is calid for bvo (2) years. At the end of the rn•o-year period, the conuactor must complete and submit a new Registration form. A Model �rmative Acdon Pro¢ram is available from the Saint Paul Human Ri¢hts Denartment on their Web Paee or bv call (6511266 8966 A Model Modified Affirmatice Aaion Proetam is aFailable for contractors r�ith rir�enn (201 or fec�•er emolo�•ees. M�rtnati�'e A�tio�y Equat Oppurtunity Employer Affirmativc Action Requircments Continucd Pagc 2 Q�' �� Contractors, subcontractors, and major material suppliers are also required ro submit to the Saint Paul Department of Auman Rights all of their job openings in the eleven (11) rnunty Minneapolis/Saint Paul Metropolitan Statistical Area (Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherbume, Washington, Wright) and Pierce and St. CroiY, W isconsin rnunues) when they are posted or advertised. The job openings may be fa�ed to the DepaRment at (651) 266-8962 using the Department's Job Opening Fax Memo form. CONSTRUCTION PROJECT GOALS AFD REOUIRED DOCUMENTATION: The empioyment utilization goa(s for consfruction projects are: 9.4% Femaie skilled plus unskilled work 6ours, 14.3% Minority sl:illed ptus semi-s1:illed craft hours, and 15.4% Minority unskit{ed laborer hours. Contractors must actively demonstrate their good faith efforts to meet or ezceed these goals. CONSTRUCTION CONTRACTORS AA'D SUBCONTRACTORS WILL ALSO BE REOUIItED TO SUBMTT THE IDENT'IFICATION OF PRIIvfE CONTRACTORS AND SUBCONTRACTORS - FORM CPF-3 The Identification of Prime Conuactors, Subcontractors, and Major Material Suppliers form must include all lower tier subcontraciors and material suppliers. The names, addresses, telephone numbers, start date, completion date and natura of work musfbe listed for the prime contractor, u well as all subcontractors (including all major material supplien). The Iden�cation of Prime Contractors, Subcontractors, and Major Material Suppliers form must be submitted prior to the start of consuuction and updated as new subcontractors aze added. PAYROLL REPORTS OR MONTHI,Y EMPLOYMENT ilTIUIZATION REPORTS The contractor and all subcontractors actually performing work on a wnstruction project must submit weekly payzoll records ("Modified" Federal Form WH-347) and must include ali of the information requested on this form. Computerized Payroll Reports may be substituted if they include all of the infocmadon on the "Modified" Form WH-347. PayT011 records aze to be submitted seven (7) days following the end of each payroll period. Contractors on certain spec�ed non-federally funded consuuction projecu may be allo«•ed to submit MonUily Employment Utiliza6on Reports (MEin in lieu of the weekly payroll reports. MEU Reports aze to be submitted seven (7) days following the end of each month. The repocting requirement will be announced at the Preconstruction or Project Ufili�afion Conference. ' WEEKLY REPORT OF SUBCONT'RACTORS ON 70B SITE For specified projects, these reports should be completed by the project foreman and submitted along with the weekly paproll records or the monthly employmen[ utilization repocts. EQUAI. £MPLOYMENT OPPORTi3NITY POSTERS must be posted at the consiruction site and also in the offices of the contractor and all subcontractors. These posters can be obtained from ihe Saint Paul Human Rights Departmenc PRECONSTRUCTION OR PROJECT UTII.iZATION CONFERENCE After the rnntract has been awarded, but before const:uction begins, the developer and prime contractor and all subcontrac[ors that Y�ace been selected to cvork on the project will be required to meet (at a Pieconstruction Conference or Project Utilization Conference) tivith the Human Ftights Specialist that has been azsigned to monitor the projecc This coaference will be held to discuss the udlization goals for minoriry and female skilled and unskilled workers, how the goals will be met, and any problems that ma}� affect the project's ability to achieve the goals. qn Afl'umative Accioq Equal Opportunity Employcr pffirmati�c Action Requirements Continucd Pagc 3 �1-11�- The prime contraaor and each subcontractor «�tl complete and submit to the Human RighGS Specialist the Project Empioyment Utilizadan foan (PEU) indicating the Totat Number of Project Work Hours they anticipate it will take to complete their por[ion of the work on the consttuction project, the Total Female Work Hours, Total Skilled Work Hours, Total Minority Skilled Work Houn, Total Unskilled Work Hours, and the To[al Minoriry Unskilted Work Hours. The cantractor and subcontracton must indiqte on the bottom of the PEU form how they will meet the goals, through their intemal work force or by hiring addiflonal empioyees. If they are unable to meet the goals they must indicate the reason of the bottom of the PEU form and include the name, job tide, race, gender and hire date for all current employees in the job categories which will be used on this project. These forms must be submitted to this office as near to the start of the project as possible for as many subcontractors as you have hired. They must also be submitted as }�ou hire additional subcontractors ducing the project. The developzr and prime contractor has the contractual responsibilin to ensure that the project achieces the utilizadon goals. However, each subcontractor that the prime contractor hires to work on the projut must azsist the prime contraMOr to meet the gmject's goals. ConsequenUy, each subcontractor is also required to achieve or make every good faith effort to achieve the respecflve utilization goals in proportion to [he number of consttuc8on hours they anucipate i[ will take to complete their portion of the construction. Once the project has begun, the Human Rights Department staff will conduct periodic on-site inspections at the project site in order to verify [he employment of minority and female employees. CONTRACTOR CObiPLL�.NCE REV[EWS: The Human Rights Department staff �rill monitor the contractor's and subcontractors' affirmative action efforts and results. On-Site Compliance Re��ews will be conducted on the �vork force of contractors, their subconuactors and material supplien ttiat enter into contractual agreements w�th the City of Saint Paul. The purpose of the review is to determine the eontiactors' compliance with the �ules, regulalions and orders of Section 183.01 of the Human Rights Ordinance. On-site reviews include, but aze not limited ro, re�ie«ing thz implementation of the wntractor's Affi�mative Action Program, personr.el polici:s and procedures. Contrac[ors and subcontractors maq be required to provide addi[ional documentauon in ordzr to determine whether or not they aze making measurable improvements in the turing of minority, female and disabled penons, includino, but not limited to: 1. Good Faith EffoRS Questionnaire 2. Applicant Flow Data 3. Employee Turnocer Data 4. Documen[ation Supporting Dissemination and Implementation of EEO/AA Policies. 5. Documentation Supporting Recniitment Effocts. Failure to comply �rzth any' of tlie requirements set forth above is sufficient grounds for disciplinary or remedial actions pro�ided for under Article IV of the Rules; namelc: 1. Termination of the contraa; 2. Suspension of the contract until corrective steps aze taken; 3. Conanuaaon of the contract subject to the imposirion of conditions to correct the noncompliance; 4. Declaration that the contractor shall be ineligible to bid on future contracts either permanently or for a stated time; or 5. A combination of Ihe above. It is imperative that contractors ��'ho are bein; considered for contracts of 550,000 or more contact the Human Rights Depactment to obtain cogies of the requirements and documents in order to expedite the Affirmative Action reciewing process. If you have any questions, please contac[ a Human Rights Specialist at (651) 266-8966. Effecflce Q 1101/Ol M Affumative A�.tio�4 Equal Opportunity En+ployn DEPARTMENT OF HUMAN RIGHTS W. H. Tyrone Tertill, Director b1-11�— SAINi TAU L � AAAII CITY OF SA1NT PAUL Norm Coleman, Mayor AFFIRNIATIVE ACTION/EQUAL EbSPLOYMENT OPPORTUNTTY CONTRACT SPECIFICATIO�tS These AFFIRMATIVE ACTION/EQUALEMPLOYMENT OPPORTiJNITY CONTRACT SPECIFICATIONS shall apply to all _contractors on all City contracts. Contractors shall include these specifications in all lower tier contracts on all City contracts. 900 Ciry Hall Te(ephone: 15 W: Kellogg Boulevard Facsimile: Saint Pau[, MN 35102-1681 TDD: 651-266-8966 651-266-8962 651-2b6-8977 Every contractor or subcontractor whose total accumulated contract awards from the City of Saint Paul over the preceding twelve months has exceeded $50,000 must complete and submit to the Department an �rmative Action Program Registration form, through with the contractor ceRifies it has developed and is implementing an effective Affirmative Action Program substantiatly similar to the DepartmenYs Model Affirmative Action Program. Once the Affirmative Action Program RegisTration is completed and accepted by the Saint Paul HumanRights Department, the contractor will be notified by letter. Registration is valid for two (2) years, during which time the contractor may be selected for a compliance review. At the end of the two-year period, the contractor must complete and submit a new Registration form. 2, The contractor shail imQiement the specific equal emptoyment opportunity/affirmative action provisions outlined in paragraphs 3(A) to 3(G) of these Specifications and ai! the provisions of their Affirmative Action Plan. 3. The contractor shall take specific action to ensure equal emp(oyment opportunity. The evaluation of the contractor's compliance with these specifications must be based upon its effort to achieve maximum resuits from its actions. The contractor shall document these effoRS fully and shall implement affirmative action steps at least as extensive as the following: A. The contractor shall designate a responsible official to monitor the employment related activiry to ensure that the contractor's equal employment opportunity policy and Affirmative Action Plan are being implemented, to keep appropriate records, and to submit reports relating to ti�e pro�isions hereof as may be required by the Saint Paul Human Rights Department. B. Nfake every good faith effort to maintain a workin� environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor shall specifically ensure that all Lead supervisors, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities, w�omen, and individuals with disabilities �vorking at such sites or in such facilities. M�mutive Action, Equal Opportunity Empby'a Page 1 of 4 o►. ��-- C. Establish and maintain a face-to-face relationship. with recruitment sources for minorities, women, and individuals with disabilities. Document meetings and telephone contacts involved in such. Provide written notification to recruitment sources for minorities, women, and individuals with disabilities and to community organizations when the contractor or its unions have employment opportunities availabie, and maintain a record ofthe organizations' responses. D. Disseminate the contractor's equal employment opportunity and affirmative action (EEO/AA) policy by providing a copy ofthe policy to all applicable unions and training programs. Request the cooperation of unions and training programs in assisting the contractor in meeting its equal empioyment opportunity obiigations. Include the EEO/AA policy in all policy manuals and collective bargaining agreements. Publicize the EEO/AA policy in the company newspaper or annual report. Review the policy with all employees, including management personnel at least once a year. Post the EEO/AA policy on bulletin boards or other places accessible to ail employees at each location where work is performed. Distribute the EEO/AA policy to all employees, including temporary, seasonal, and part-time employees and to all independent contractors. E. Review, at least annualiy, the contractor's equal employment opportunity policy and affirmative action obligations with ali emp(oyees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions. A written record shall be made and maintained identifying the time and place ofthese meetings, persons attending, subject matter discussed, and disposition of the subject matter. F. Direct its recruitment effoRs, both oral and written, to community organizations oriented toward minorities, women, and individuals with disabilities, to schools with significant numbers ofstudents �vho are minorities, women, and individuals with disabilities, and to recruitment and training organizations oriented toward minorities, women, and individuaks with disabilities secving the contractor's recruitment area and employment needs. G. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have discriminatory effect. Continually monitor all personnel and employment related activities to ensure that the equal employment opportunity policy and the contractor's obligations under these specifications are being carried out. 4. The contractor, in fulfiliin� its obli�ations under these Specifications, shall implement spec�c affirmative action steps, at least as extensive as those standards prescribed inparagraph3(A} to 3(G} herein, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of Section 183 of the Saint Paul Legislative Code, its implementing rules, or these Specifications, the Director may proceed with appropriate sanctions, inciuding: suspension, teanination, and canceliation of existing contracts. 5. The contractor shall not enter into any contract �vith any person or firm debarred from govemment contracts under section 183 of the Saint Paul Legislative Code, Chapter 139 of the Minneapolis Ordinances, the federal Executive Order 11246, or whose state certificate of compliance has been suspended or revoked pursuant to hlinnesota Statutes, Section 363.073. M pffumatirc Actioq Equal Opportunity Employer Page 2 of 4 o�-��s- 6. Thecontractorshallimplementsuchsanctionsforsubcontractors'violationsoftheseSpecifications, including: suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Section 183 ofthe Saint Paul Legislative Code and its implementing rules. Any contractor who fails to implement such sanctions shall be in violation of these Specifications and Section 183 ofthe Code. SUPPLEMENTAL CITY EQUAL EMPLOYMENT OPPORTUIVTTY/AFFII2MATIVE ACTIO\' CONTRACT SPECIFICATIONS FOR CONSTRUCTION CON"I`RACTS 7. The following Supplemental EEO/AA Specifications shall appiy to atl contracts for construction work on all City-assisted contracts. Ail contractors shall include these Supplemental EEO/AA Specifications for construction contracts in all lower tier contracts for construction work. 8. The goals set foRh be(ow for City-assisted construction projects of $50,000 or more are expressed as a percentage of the total hours of employment of minority and female utilization the contractor shatl reasonably be able to aclueve in the construction trade. Separate goals for skilled minorities, unskilled minorities, and for women (skilled and unskilled) have been established: Women - 9.4% of all project work hours. Minority Skilled - 143% of all skilled project work hours. Minority Llnskilled - 15.4% of ail unskilled project work hours. 9. After the contract has been awarded, but before construction begins, all contractors that have been selected to work on the project will be required to meet in a Pre-Construction Conference with the Human Rights Specialist that has been assigned to monitor the project. This conference will be held to discuss theutilization goals for minority and women, skilled and unskilled workers, how the goals will be met, and any problems that may affect the project's ability to achieve the goals. 10. Every contractor must submit the Identification of Prime Contractors, Subcontractors and Major Material SupplierForm (CPF-3). The names, addresses, telephone numbers, start date, completion date and nature of work must be Visted for the contractoc, as well as all lower tier contractors (including material suppiiers). 11. All contractors must complete and submit to the Human Rights Specialist the Project Employment Utilization (PEin form indicatin� the total number of project work hours they anticipate it will take to complete their portion of the work on the construction project, the total womenwork hours, total skilled work hours, total minority skilled work hours, total unskilled work hours, and the total minority unskilled work hours. All contractors must indicate on the bottom of the PEU form ifthey will meet the goals throu�h their intemal work force or by hiring additional employees. If they are unable to meet the goals they must indicate the reason at the bottom of the PEU form. These forms must be submitted to the Saint Paul Department of Human Ri�hts before the start of the project. qn AH'umativc Actioq Equal Opportunity Empbyer Page 3 of 4 61 —1��— 12. All contractors actually performing work on a construction project must submit weekly payroll records (Department modified Federal Form WH-347) on a timely basis and must include all ofthe information requested on this form. Computerized Payroll Reports may be substituted if they include all ofthe information on the modified Form WH-347.Contractors on specified non-federally funded construction projects may be allowed to submit Monthly Employment Utilization (MEU} Reports on a timely basis in lieu ofthe weekly payroll reports. Contractors shall keep said paycolls records for three years. 13. Should the contractor fail to make every good faith effort to meet the goals for participation of women and minodties set forth in these Specifications, the Director may take appropriate measures to sanction said contractor pursuant to these specifications and Section 183 of the Saint Paul Legislative Code. Effective 7anuary 1, 2001 M Afl¢ma[ive Actioq Equal Opportunity Employa Page 4 of 4 �:ii: � Labor Standards Required bv Saint Paul Administrative Code ATTACHED Ot -\1'�- zoio3oi�i D-1 LITTLE DAVIS-BACON LABOR STANDARDS FACT SHEET a , _,,,.... ♦ For applicable contracts of $10,000 or more funded with locallCity dollazs, all laborers and mechanics working on the job site must be paid weekly prevailing rates (including fringe benefits). ♦ Post Prevailing Rates Schedule and "Notice to All Employees" on the job site in a highly visible location. ♦ Payroll reports must be made available upon request to the designated labor standuds conVact administrator. All timekeeping records (including timecards, work logs, payroll checks and stubs, etc.) must be kept on file for a period of two (2) years after project closeout, and an original signature Statement of Compliance (WH-348) must be attached. Wage rates for bona fide self-employed owners and partnerships , and foremen (if spending less than 20% of their work hours with tools) need not be included; only list work classification and hours worked. Owners, officers, shareholders of a corporation are considered emptoyees and if working on the project site are to be Qaid the prevailing wage, inciuding fringe benefits, and all wage informafion is to be included on the payroll form. Identify the person(s) authorized to sign the payrolls on the Contractor Profile form. Computerized payrolls may be used if they include the same information requested on the payroll instruction form. ♦ For all work over eight (8) per day or 40 hours per week, overtime is paid at a rate of time-and-one-half the base pay rate pius a rate one time the fringe benefit amount identified. ♦ Apprentices/trainees can work at a lesser rate of pay if participating in a bona fide apprenticeshipltraining program. Attach a copy of the Apprenticeship Agreement to the payroll report on which the apprentice first appears. Ratios, as defined by the schedule of Apprentices to Journeyworkers, must be adhered to hour-for-hour. Pre-apprentices aze not allowed at a lesser rate. Apprentices/trainees working alone must be paid journeyworker rates. THERE ARE NO EXCEPTIONS TO THE DEFINED RATIOS. ♦ The Prime Contractor must an submit original signature Contractor Profile form, Identification of Prime and Subcontractors (to be kept current), and Weekly Site Logs. Original signature weekly Payroll reports and Apprentice Certifications to be submitted only upon request. ♦ It is the prime contractor s responsibility to employ only subconuactors who have certified eligibiliry in written conttacts containing Little Davis-Bacon Requuements. - ♦ All self-employed and partnerslup contractors must submit bona fide status documentation for review and approval before performing any rnntracted work to complete a project. ♦ Subcontractors and lower-tiers must submit an original signature Conhactor Profile form. Original signature weekly Payroll reports and Apprentice Certifications to be submitted only upon request. ♦ iTNION SHOP CONTRACT'ORS/SUBCONfRACTORS - Verification of employee wage receipt will include, at minimum, contacting the trade local or designated benefit fund account. I30Nt7I3ION SHOP COI3TRAC'PORS/SUBCONTRACTORS - Verifica6on of employee wage receipt will include, at minimum, contractor submission of canceled paychecks, timecards and/or stubs for specified week(s), if requested. ♦ A Waste Manifest must be submitted by all contractors/subcontractors responsible for asbestos or other hazardous waste removal from any project site. idbfacts: 5-24-2000 x "r' . CITY/STATE LABOR STANDARDS o � "� REQUIREMENTS Aii contractors, subcontractors, and lower-tier subcontractors shall comply fvith the: Litile Davis-Bacor: Ordixance, Section 82.07, Saiut Pattl Adn:inistrative Code Mi�lnesota Statutes && I77.4I -177.44 The requirements of the Ordinance/Statutes are as follows: 1) The minimum wage rates and frin�e benefits established by the City of Saint Paul (MN Department of Labor & Industry) shali be paid weekly to all on-site employees. 2) All workers shall be paid time-and-one-half for all overtime hours worked, meaning hours worked over eight (8) in one day or over 40 in a fveek. 3) Apprentices may �vork at apprentice wa�es if they ue enrolled in a bona fide apprentice proo am and are workin� in compliance with the Apprentice to Journe}�vorker ratios (see Ratio of Apprentices to Journey�vorkers schedule). It is the prime contractor's responsibility to ensure that the following are attached to all contracts, subcontracts, lower-tier subcontracts, and bid documents pertainin� to this project: Labor Standards Requirements; City (State) Prevailing `Vage Rates; Ratio of Apprentices to Journey�rvorkers; and Bona Fide Self-Employed/Independent and Partnership Subcontractor Status A City Labor Standards poster and the City Prevailing �Vage Rates (Minnesota Departiitent of Labor and Industry Prevailing �Vage Rates) must be posted at the construction site in a visible location. For assistance or specific information, you may contact Sandra Haustein (651-266-6690) or Jill Hughes (651-266-6650) of the Department of Planning and Economic Development. gped�ty�'n$hareSHAUSTHIV�ciry•sWte IitAe da�is-0acon requuem<n[s3-?5-00 1 � � - • � '-^ � � - BASE� TAXED __UNTAXED , TOTAC-'. EFFEGTNE NEXT�" CLASSIFICA710N - ' '� RA�T� �RfNGE _ :fRINGE ,.,`PACKAGE OATE . ADJU§'4'�:� ; ._:. Bolertnaker $21.20I $1.05 $9.06 531.31 Ot/03/98 10/01/98 Bricklayer 523.47I S2•64 58.06 534.77 05/06/00 05/01/01 Carpenter 523.84i 51•82 57.18 532.84 OStO6l00 OSf0110'i Cement Finisher 521.84, $3.15 57.96 532.95 OSI06/00 05/01/01 Electrician 527.28I 53.55 58•44 539.27 05/06/00 OS/01l01 Elevator Constructor S2T.46 S2•44 56.94 536.84 07/01l00 07/01/01 Glazier $22.81 $1•50 $7•89 $3220 O6/01/99 05/91/00 Hazardous Material Handier $1821 $3.30 $21.51 05/Ot/98 04/30/99 InsulatodAsbestos Worker $22.50 55.02 $10.13 E37.65 O6I01/00 05/31/01 !6•e��nicai �y5tems onivl Hazardous Waste Technician Building & Residential Sz1•72 51.36 55.56 528.64 05101/00 � OM30/01 Site Preparation 520.08 $1.36 $5.56 S27.00 05101100 04130/01 Heavy Equip. Operaios 521.17 - E7.15 E28.32 OS/OS/00 OS/01/01 Insulators Res'I - 4 stories or less $19.56 $1.74 $6.44 $27•74 OS(01l98 04l30/99 Other than residentiai $22.16 $1.82 $6.44 $30.42 05/01/98 04/30/99 IronWorker $24.50i $2.65 $9.94 $37.09 05�01i00 04130/01 Painter $2200I $1.50 58.42 $31.92 05/06/00 05/01l01 LaboredDrivedOperator $17.31 $1.36 55.56 524.23 05/06/00 OS/01/01 (Street Services Worker) Landscaper-SodLayer $12.38 $0.71 53.65 516.74 05/01/00 04l30/01 Parks Worker $17.31 51.36 $5.56 E24.23 OS10610a 05/01/01 Pipefitter $24.00 $4.57 59.40 537.97 05l06l00 OSl01/Ot Plasterer 520.48 54.40 E8.35 $33.23 06/01/00 05/31/01 Plumber °� 524.56 53.27 59.10 536.93 05106/00 05/01l07 Roofer 522•89 SZ•OS E7.63 E32.57 05101f00 1 94l30/01 I Sheet Metat Worker 528.38 $2.10 56.99 537.47 05/06f00 � 05f01/07 Soft Floor Layer $21.73 $2.11 $6.21 $30.05 06/01/99 I OS/31/00 , Sound, Signal & Comm.: Tech (Install of contro�ler only) $1922 $0.58 $19.80 03/01l98 � 02/28/99 Insta{ler {ExG. controtter xrodc) $11.31 $0.34 $11.65 03/O7/98 ` 02J28/99 � O1�\\i- 9/20/00 14/AMP/DAVSBACI.WK3 Project Name CONTRACTOR PROFILE IF ADDTITONAL SPACE LS NEEDED, PLEASE ATTACH A SEPARATE SHEET Nau�e of Business Business Address Area Code & Phone # Federal TaY ID # Our conhact is with 6 � - ��2- in the amount of $ for (den8fy work to be perCormed -be specitic) Contract awazd date If so, to whom? Will any work be subconiracted out? Peison(s) authorized to sigp (certify) Payroll reports: 1) 2) Idenrify work classification(s) and applicable base wage payment for each individual performmg work on the project site: Work Classification (include Group #, if applicable) 1) 2) The frmge benefit payment will be (check one): Base Rate of Pav $ (A) _ paid direcfly (with the pay check) to each worker in the amount of $ (g) _ paid to a Union benefit plan (or plans) in the amounu indicated below: Holida Vacafion H& W Dental Pension Other (Identify) $ $ $ $ $ $ Benefit funds aze deposited into accounu maintained by. Address Acct # (C) _ paid to a nonunion benefit plan (or plans) in the amounts indicated below: •*'ATTACH COPY OF BENEFIT PLAN(S) FOR REVIEW/APPROVAL Pension Medical Dental Other (Identify) $ $ $ $ Benefit funds aze deposited into accounts maintained by. Address OwnerlPrincipal Officer Name Area Code & Fa�c # State Ta�c ID # Phane Signariue & Date Acct # �wed�sys2�Shared�HnUS'['6[Mform - convactor profile.wpd:45-oo City of Saint Paul form Asbestos Worker and Insutator Bricklayer Carpenter Cement Mason Construcrion Craft Laborer Electrlcian Elevator Constructor RATIO OF APPRENTICES TO JOURNEYWORKERS ON LOCAL, STATE AND FEDERALLY-PUNDED PROJECTS ��,"� 1 Apprrntice for 1 Joumeyworker; then 1 additional Apprentice for each 4 additional Joumeyworkers REMOVAI, - I Technician fot each 4 Helpe�s 1 Apprentice for 17oumeyworker, then I additional Apprentice for each additional3 Joumeyworkers Commercial -1 Apprentice for 1 Joumeyworker (EXCEPTTON: HUD projects - 2 Apprenrices (1 must have over 4000 houcs) to I Soumeyworker) Residentia! -1 Apprentice; 1 Joumeyworker, 1 RUC (SEE ABOVE EXCEPTIOI� 1 Apprentice for 1 Joumeyworker Glazier/Glassworker Ironworker Lather Operator Painter Pipef tter Plasterer Plumber Roofer Sheetmetal Worker Sign Painter Soft Ftoor Layer Sprinkler Fitter Tecraao Worker Tile Setter/Finisher 1 Apprentice per 3 Joumeyworke� Commercial: I Apprenrice for 1 to 3 Joumeyworkers; 2 Apprentices for 4 to 6 Joumeyworkers; 3 Apprentices for 7 Joumeyworkers Residential: I Apprenrice for I 7oumeyworker 1 Helper for 1 Joumeyworker=1 team; two teams or more may have 1 additionat Helper for the first 2 teams; 1 exua Helper for each additonal3 teams CLEANiJP: 2 helpers for I Joumeyworker 1 Apprentice for 1 Joumeyworker, then 1 for 5. Apprenrice Glaziers at the 6th-1000 hr. level may work alone Structural: 1 Apprentice to every 7 Joumeyworkers Ornamental: 1 Apprenrice to every 4 Joumeyworkers 1 Apprenrice for I Journeyworker, then I addiHonal Apprentice for additional 5 7oumeyworkers 1 Apprentice for 1 to 10 Joumeyworkers (decorators, spray, paperhangers, drywall faishers, applicators, and sanders) 1 Apprenrice for i Ioumeyworker, then i for 4. Apprentices in their last 2 years of training may work alone. 1 Apprenrice for I-4 Joumeyx orkers; second Apprentice for 5-10 Journeyworkers. No employer shall be allowed to employ more than 5 Apprentices. 2 Apprentices for 1 Journeyworker 1 Apprentice for 1 to 4 Ioumeyworkers; 2 Apprenrices for 5-10 Joumeyworkers. No employer shall be allowed to employ more than 5 Apprent�ces. 3 Appren6ces far 2 Joumeyworkers; 1 of the Apprenrices must be 55%, if available Slate and Tile: 2 Apprendces to 1 Joumeyworker Commercial: 1 Apprentice for4 Joumeyworkers; or 1 for 3 Joumeyworkers, up to I5; then 1 to 4 thereafter (gutter, specialty or roofing work) (CHECK YOUR AGREEMENT) Residential: -1 Apprentice for 1 7oumeyworker (if agreemrnt states 1:3 or fracNon thereo� (CHECK YOUR AGREEMENI); for an additianal apprentice, 3 additional Joumeyworkers must be onsite (plastic fabricators, erectors and painters) 1 Apprenrice for 2 Joumeyworkers; then 1 additional Apprentice for addirional 4 Joumeywocicers 1 Apprenrice for i to 3 Joumeyworkers 1 Apprentice for 1 Joumeyworker I Apprentice for 3-5 Joumeyv�-orkers I Apprentice for 1 Joumeyworker; then 1 Apprenrice for 3 additional Joumeyworkeis DO NOT exceed the hour-for-hour rario of apprentices u shown above. DO NOT USE AN APPRENTICE AI.OI�IE QN A JOB SITE unless an acception is indicated above or in the conuactin� company's union agreement NO OTHER EXCEPTIONS ALLOWED. APPRENI'[CES must be registered in a bona fide (e.g., Ssate certified) ApprenHceship Program. HELPERS and RU.C.'s (Residential Utility Carpenten) atenot allowed at a lesser pay mte on State- and Federdlly-funded projecu. �A-J ratios:0822/00 City of Saint PauUPED Form CITY OF SAINT PAUL LITTLE DAVIS-BACON REQUIREMENTS FOR BONA FIDE SELF-EMPLOYED AND PARTNERSHIP SUBC4NTRACTOR STATUS o�-��a- �All "self-employed" and "partnership" businesses must provide bona fide status demonstration rior to perfomung work at the project site. Failure to demonstrate contractor/subcontractor status may result in payment delay and possibly contract/subcontract agreement cancellation. �All "self-employed" and "partnership" businesses must have executed and provided a written contracUsubcontract agreement (containing the Little Davis-Bacon Labor Standards Requirements and applicable Prevailing Wage Rates) for their work performance to the labor standards contract administrator assigned to this project. BONA FIDE SELF SUBCONTRACTOR STATUS DEMONSTRATION �Additionally, all self-employed contractors/subcontractors can submit a copy of the previous tax year's income tax filing, including attached Schedule C, for status verification. However, copies of four (4) of the following five (5) listed documents can be used in lieu of tax returns: ]) identification of a registered trade name & location of telephone listing under that name; 2) contractor's license; 3) liability insurance or subcontractor's bond; 4) Federal Tax Identification Number; 5) formal written deternvnaUOn regarding status as defined by State or Federal Department of Revenue and the information submitted as a basis for the determinauon. Failure to provide the requested documentation will disallow the "bon�de subcontractor status" and the individual(s) will be included on the engaging company's payroll as an employee, receiving pay as identified by the Prevailing Wage Rates applicable to the project. BONA FIDE PARTNERSIiIP SUBCONTRACTOR 5TATfJS DEMONSTRATION —+Additionally, if the subcontractor is a partnershiQ, all of the foliowing must be submitted for review and approval before starting work on-site: ..copy of the executed partnership agreement ..Federa] and State Tax Identification Numbers applicable to that partnership agreement ..copy of the previous tax year's filing, including Schedule E. c:�wv�roowsr�+r�m� ea� uan�s.wPas-s-oo N � N J d M � N � < N a m. F < s ca z N G � M J � V y Z u 'a � �M N � a ° 0 .� E�.. V � U 6 < • e. a � F Z " z o °i N V d m d y �s N V W 0 0� z Y < 9 F � y O V oG � O � F � V B e o a � F Z m o U N � = F M a a w 0 a 0 H F 6 V N W N F 2 W C N �'er�� 1 Q O u 9 Y 0 w w �1 L Y 8 � N r <z xo H O zs o < U ro u m G O o H � F K J O a 3 � O � V • 6 N u O m Y +"� • O w V tl 6 Op L C Y� o ma aa O .1t O N v s V 3 (9 ., m c .. m m O � ro H .� o t 6 0 u u O F u u o � N 4 �1 Y� u .+ tl q H 10 Q Y O 9 L V O !L La o u O 3 m Z] O m c .a c.. m ++ o u q e .a uf ,+ m a V "�' � F� o - d f. m Z C � o m .� Y L O L'1 .Z H 'O .d 9 q 6 q �n a m � o m u a .� m N T N N M ]� Y Y� .7 0 .�I 2 u L m u W B C Z 0 0 mB 5 e a ,+ m 9 u p �+ v d V 6 C � � .�.. a O N � -� a Y N N p v o. u u C H �0 �0 V L a +� L F C u Z O .� O u 3 V D ] b � 0 Y N 9 N .a ., W -+ .-+ a N 6 O 6 O �� 6 w q w � Y u r-t {p 9 O � h' �0 Y • t� Z C Z '1 � u w .. n U O .1 •. Y b u W .. +-� �0 O 2 N O tl tl H m M �-1 O OS .�J S W H M N v i � I I � N O� N �'f O o �-��. APPLICABILITY OF DAVIS-BACON TO: CLEAPTING Cleaning performed during construction is subject to prevailing wage provisions. In the absence of a specific wage rate for cleaning classification, the cleaners must be paid the predetermined wage rate for laborers. Cleaning (after completion of construction and certificate of occupancy has been issued) in order to prepare the premises for occupancy which is not part of the construction contract is not subject to the prevailing wa�e requirements. _ . RELATIVES There are no exceptions made in the enforcement on the basis of family relationship for relatives who are performing the work of laborers or mechanics (anyone who is performing construction work on the pro,}ect). They must be paid the prevailing wage rate for the classification of work performed and be included on the certified payrolls. PROPER DESIGNATION OF TRADE Select a work classification on the wage decision for each worker based on the actual type of work slhe performed and pay the worker no less than the wage rate on the wage decisic�n for that classification regardless of their level of skill. SPLIT CLASSIFICATION Employees performing work in more than one c�assification can be paid the wage rate specified for each classification only if accurate time records have been maintained showing the amount of time spent in each classi£ication of work. If accurate time records have not been kept, the employee(s) must be paid the highest rate of all the classifications of work performed. ��eea�n-"sn�,t�usoxscaan �ypit�.ba�a taiauo.wpa CTTY OF SAINT PAUL 6 �_ �� PAYROLL INSTRUCTIONS FOR CITY &/OR STATE-FUNDED PROJECTS CONTRACTORS PERFOMING WORK ON THIS PROJECT ARE TO COMI'LETE AND SUBMIT THE PAYROLL FORM WITHIN 7 DAYS AFTER TF� PAY PERIOD TO TT� PRIME CONTRACTOR (OR AS DIRECTED). Enter Federal I.D. No. (or SS#, if appropriate) on the first payroll report. Check box indicating contractor or subcontractor and include company name and address. Number payrolls for this job consecutively (mazk the last payroll "final"); add the week ending date and enter the project name and locarion. Column 1 Name. Address and Social Securit�Number of Emuloyee - Must be identified the first titne the employee name appears on the payroll. Thereafter, only list the name. Also, list only employees who did work at the construction site - not shop or off-site employment. Column 2 Number of Withholding ExempHons - For your use only. Column 3 Work Classification - Enter work classification found on the applicable wage decision for each employee. Be specific; if an employee is a laborer or operator, also include the group number. Do not classify the employee as a"Journeyman" or "Owner". ff the employee is an apprentice, list as such along with work class, submit an Apprentice Certification and attachment indicating their current level of progress with the first payroll on which the apprentice appeazs. NOTE: Make sure new Apprentices aze actually registered; may only work in the approved ratios as indicated by the Ratio of Apprentices to Journeymen schedule. If an employee performs work in more than one classification, the hours worked in each classification need to be listed separately on the payroll. Column 4 Day and Date - Fill in the day and date and list the hours worked each day for each empioyee on this project. "S" is for straight time hours; "O" is for over[ime hours. Depending on the project funding source, overtime may be all hours worked over 40 in one week or ovet eight (8) in one day and over 40 in one week. Column 5 Total Hours - Enter total of straight time and overtime hours for this project only. Column 6 Rate of Pav - List straight time and overtime rates of pay. (The total wage rate must be a minimum of the basic hourly rate and fringe benefits combined for the work classification listed on the wage schedule.) The overtime rate must be at least time and one half the basic hourly rate. Corporation owners, officers, andlor shareholders working at the pro}ect site aze considered employees and must include all wage information in columns 6 through 9. Self-employed or parmerslup businesses demonstrating bona fide status enter "owner" in column 6; columns 7 through 9 will then be left blank. (over) o � _ ��. Column 7 Gross Amount Eamed - Enter the amount eamed or if the employee also worked on other job(s), draw a line dividing the box in half. In the upper half, indicate the gross amount eamed for this project and on the lower half, indicate the gross amount earned appearing on the employee's paycheck. Colamn 8 Deductiuns - Identify and enter amounts appearing on the employee's pay stub. Columri 9 Net Wages Paid for Week - The dollaz amount of the employee's paycheck (should equal the gross amount eamed for the week (column 7) minus the deducrions (column 8)). NOTE: Computerized payrolls must contain the same information as the payroll form; attach an original signature (please do not sign with black ink) Statement of Compliance form (WH-348) to the back of the payroll. COMPLETING THE BACKSIDE OF THE PAYROLL FORM (WFI-34'� Tlris portion of the payroll form contains the Statement of Compliance wluch says that employees have been paid the net wage as indicated under Column 9 and that no unauthorized deductions have been or will be taken from the employee's pay. This is in accordance with the Copeland Anti-Kickback Act. Fill in all requested information for (1). Be sure to check box 4(a) if fringe benefits aze paid to an approved plan or fund. If claiming company paid fringes (not deposited with a Union fund), contact the Labor Standards Officer; these need to be reviewed and approved before you start work on the project. Be sure to check box 4(b) if fringe benefits aze paid in cash (included with the paycheck). In this case, the amount of fringe benefits should be added to the rate of pay in Column 6. Name. Title and Sianature Type or print name and title. An owner, officer or partner of the company may sign the payroll. Any other authorized signatures should be listed on page 2 of the Contractor/Subcontractor Certification form (CSC-1). Signatures must be manuat (not xeroxed or stamped); please sign with something other than black ink (this makes it easier to discern an original signature). Any questions? Please call: Labor Standards Saint Paul Department of Planning and Economic Development 25 W�st Fourth Street, Room 1400 Saint Paul, Minnesota 55102 (651) 266-6690 or 266-6650 FAX: (651) 228-3220 1Weduys2\SharedUlAUS'IEQi\ciry.stste paymll insm�Uions:l!!/00 _� :� �m �0 a C n l��l 3 E 0 a '� Q c 0 F� � F y I ` J y yO C � Q . u u ' �' N �¢ � c r � F �e f. c U � n 0 � 0 A ti C O U r 0 ��.. � N W O < w Ytl�'�' -4 3�� . ' o e � � 1 3� ` o d W Y O � i ++ F H 0 z �u 30 x � W O p2 W � N� r 606 l�1 O�y� � N �� g �d � �� /� ' � \% .. 0 N � O� � �I � . �� '< s � �i N N v � v v N m O� � N N ti � v ai v O � � V � s M; � � m � N 'J KI eD O v = m � � �l$ � �� 0 • � p 0 o� W �{ _ Y � O � W � 6 U ?�r �« 3,e O L ° S 3 s U V 1' G � f+ .. f+ p i a � o - � � � Q m y� o O - rl O, y � S 4 ^ � D L 5« O � � i O o F j ' � � S � ^ � � 4 ' 2 � V � J OW � JO < 3 ... 6 �; � .^".a � 4 L }. V O L Y ii A 7 d . 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O O � c L Q Y O �� e a o� C Y a � � O �� 3 0 C Da � 9 < u c V � a � 0 0 i o� � w b y�. C O ^ Y p C � � A . T i � S � d z �s a ., � J 0 a a a ��Z � �oQ �� d; W 7 � Y Z;�C O . : a � 0 ��W �Z �� F� �6 O JA a o �s u z 0 F i 3� � V C W 00 �� d a ��S ��E �� 01� N � � � � 0 L.S. OE�ARTY[NT Of LA�OR S7ATEMENT OF COMPLIANCE MA6[ AMD MOYII DI VINOM ►e� wpv.e.�.a �ua�et �uww No. �aR109! �lt � . do hercby state: iK�m� ei �I�Mtory puq'1 t ♦ (l) That I paY o* supervise the payment cf the persons �mDloYed by on � ontncwr er �u renv.eto.) �e : that Curin[ the p�yroU period commencin[ on Ihe ��dq of (HwlCin{ er reek) ' �9_ snd rpdin¢ the�day o( . 19�. �11 persons employed on said projeet Aave 6een p�id the veekly xa�es �amed, tAat m rcbates h+re been or vill W made elther directly or indireeUy to or on behal! ot s�id O 1 � �� (ull [rom the [ul! weekly r�ees eamed by any persoa �nd that ao dsduceions Mve ( mu•etor er s comncwr Men m.de ei[her dircctiy or ind�reetly trom Ue tull waces eamed by any person, other ihan pemissible deduetions as defined in ReRubtions. Pan 3(29 CFR Su�titfe A), issued by the Senetaq' of i.�bor under tht Copeland Acl. as amended (48 St�t. 9i8-63 Sut 308. 72 Sut. 96�; 76 Stat 357; 10 U S.0 276c). �nd described below: (2) That any yayrolls otherwise wder thi� eonVaet tepuircd to be submitted !or the above period a�e eoe�ett and eomplete; tlut the w�`e ntec Ior l+borenor toeeh�niea eon��ined therein �n not ltsa than the �DPliuble v�`e ntes eont��ned in any ��Qe detertnin�cion ineoryor�ted into the eent»cq th�t Ne eAa�ltie�tiona set forth thercin tor e�eh LDoeer er meeMnic con- M�m with the wrork he perfoemed (3) Th�t �ny �pprcnti�ec tmployed in the �bove period �rc duly reQiiteeed ia a houa tide agpecnticeahip pso'sam reQiste�ed vith � Sute �pprentaeeahip ��ency ncoQnised by ehe Burcau o( Apprcnticeship and ?nininQ, Uaited Sutea Department of t,�COr, or it no sueh neo¢nized �Qeney eaiata in � State, �x �e`tstemd Mith tde Burc�u of Ap�mntieeship and Twlnina, United Sates DeD+nmmt of LaOor. (i) 7T�t: (�) M'HERE FRIYGE BEI:Ef'ITS ARE PAID TO APPROVED PLANS, FtlNDS, OR PROGRAIQS �• In �Edit�on to the basic hourly waae rate� D��d to sach laborcr or meeMnic listed�in the abore rc(ercneed pay- roll. payments ot Irie�e Eeaetits a� lisud in the eontnot have Eem er w�ill bc wde to �pp�opri�te proqr�ms for the benefit of aueh employ�es, �xeept �s poted in Seetion K�3 bdor. � (D) R'HERE FRINGE BEHEFITS ARE PAID IN CASH Q- E�eh I.�bonr or meeh�n�e Jlsted in the above rttercncvd payroU lus been paid ss iadie�ted on the p�yroll. �n �mount not teaa than the sum ot the applie�Ele Msie boutly Mate nte plus the �mount of We tequieed frinee EeneGts as liated in the aontr�cq e:cept as nottd in seaion 1(a) below. (cl EXCEPTIONS EXCE�TION(CRAFT) EXPL�NATION Jt(M�11Rf '�II�C�T�ON OF �NY O� TM[ ��OVL lTI.T[M[XTi Y�Y �U�J[CT TMC CONTII�CTOR OR yy�Cp�;TR��TO� TO L►AOlLCYTIOM f[( {��T�pN 1001 OI TIT�,[ 1� �MD ![CTION 2!1 OI TITL[ �t O� TME YNITEO iT�TEi �wwMN {t/��1 rY1lCMAi[ TMI{ /011M D�R�CTLV IApM TN[ �Y/T. O► OOCYM[MTi INSTRUCTIOHS FOR PREPARATION OF STATEMEHT OF COAlPL1ANCE This statement ot compliance meets aeeds resnitiag fmm the amendment of the Davis- Bacon Act to include fringe bene�ts pmvisions. Under this amended law, tl►e contractor is required to pay tringe beaefits as p�edete�miaed by t6e Departmeat of Labor, in addi- tion to payment of the minimum rates. The contractor's obligation to pay fringe benefits �ay be met by pa} xnt of the frinees to the various plans, funds, or prognms or by mak- ing these paymeats to the employces as cash ia lieu of fringes. The contractor should sho+� on the Mhether as basic rates or as cas6 i statement of compiiance t6at he is aot paid as cash ia liea ot fringes. Contractors aho pay all reqvired friage benefits: friages requiced by the contmct aad ions foliow: A contcacior who pays friage beaefits to anproved plans, funds, or programs ia amounts nof less than were determined in ffie applicable wage decision of the Secretary of Labor shall continue to s6ow on the face of his paymll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shali check paragraph 4(a) of the statement to iadicate that he is also paying to approved plaas, funds, or programs not less than the amount predetermined as fringe beaefits for each ccaft. Any exception shall be noted ia Section 4(c). Contractocs who pay ao fcinge benefits: A contractor aho pays ao fcinge benefits s6a11 pay to the employee aad insert in the straight time hourly �ate column of his payroil an amonnt not less thaa the predetermined rate for each classification plus the amouni of frioge benefits detesmined for eacd classi- fication in the applicable wage decisioa. lnasmuch as it is not aecessary to pay timeand a hait on cash paid in lien of friages, the overtitne rate shall be not less than the sum of the basic predetermined tate, plus t6e half time premium oa the basic ot regular rate plus the cequiced cash ia lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the stcaight time basic tate and cas6 in lieu of fringes be separately stated in the houriy rate column, thus $3.25/.40• In additioa, t6e contractor ahall check paragraph 4(b) of the statement to iodicate t6at 6e is payina fringe benefits in cash directty to his employees. Any exceptions shall be noted in Section 4(c). � Use of Section 4(c), Exceptions Any coatractoc who is making Qayment to apptoved plans, tunds, or programs in amounts less than the wage determination requires is obliged to pay the deficinecy directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), ahichevec the contractor may c6eck, shall be entered in Sectioe 4(c). Enter in tde Exception column the craft, and eater in the Explanatioa column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amonnt paid to plaas, fnrids, ot programs as fringes. ir u.:.cro:is�a�o-sn-uvo O \-\�'� Fer taie b� t6e Superintendent et Detumen4, tlS. Co��rn�nt Printlnt Omce NuhinRton, D.G !WM - Prin i475 oer p�d o! 700 Steek Number OYa-OO6-o0o16 Gtala� Humber L!Z FORH WH-if! ��:ir. r_� Vendor Outreach Program RecLuirements I�'M�C�;1 � b�-1�� zotosoi�i E-1 JAN-17-01 WED 01�43 PM PORT RUTNORiTY FAX NO 6512235198 P.O6/16 Chapter 84. Vendor Outreach Program Sec. 84.OI. Declaratioa of Po&cy and Pnrpose. The ordinance is based on and responds to the information and evidence of discrimination aeainst women and minorities documented by the study submitted by BBC Research & ConsuIting,� September 1995, to the City of Saint Paul and tfie snidy submitted by the Insritute on Race and Poverty, February, 1996, to the City of Saint Paul. In doing so, this ordinance is intended to remedy and conzci ihc effects of past cliscrimination in construction, �oods, services and pmfessional services whose effects still burden small and minority-owned and women-owned businesses in the city. This ordinance will help prevent future discrimination a�ainst vendors and contractors who provide goods and services to the city, or enga�e in the completion of construction contracts to which the city is or shal] be a party. It is intended to further discourage and prevent discrimination on account of race or �ender. Tt is the policy of the city both (a) to attempt to provide a remedy for past i:nderutilizarion of qualiYied minority- and women-owned buunesses and economically disadvantaged small businesses, and (b) to prevent ongoing underutilization of such businesses in the city's contracting process, by facilitating their pazticipation as vendors to the city in iu purchase of goods, services, and construction of public buildin�s and publicly assisted projects, and its various economic development acnviries. The policy of the ciry is to promote increased participarion by qualified, minority-owned, women- owned, and economically disadvaniaged small businesses in public contracting that is comparabte to their availability in the Saint Paul muketplace. To this end, the city shall set annual benchmarks or levels of participation for Mf3B, WBE, and economically disadvanta�ed small business participafion in city contracting activities based upon their current availabiIity within the marketplace. These levels of participarion shall not be quotas. The levels that are established shail be reviewed every three (3) yeazs, and the participation of such businesses shall be reviewed every three (3) years, to insure (1) that the pro�am docs seek no more than to remedy the effccts of past discrimination and prevent future tliscriminarion, and (2) that the program does not become over time a race- or gender- based entitlement or quota progra�n, nor become a limitation or cap on the participarion of qualified businesses. (C.F. No. 97-840, § 1, 9-3-97; C.F�. No. 98-779, § 1, 9-23-98) Sec. 84.02. Short'ITtle. 7his ordinance and the pzogzam it enacts shall be cited as the "Vendor Outreach Pro�am." (C;.F. IQo. 97-84Q § 1, 9-3-9�; C.F. No. 98-'779, § 1, 9-23-98) Sec. 84.03. Definitions. For purposes of this chapter, the following words and pluasas shall have the meanings set forth in this section except where the context clearly indicates that a different ineaning is intended. Aff:liaze or subsidi�ry of a business dominarc� in irs field of operation means a business that is ai least twenty (20) percent owned by a business dominant in iu fieid of operation, or by partners, officers, ditectors, ma�ority stockholders, or their equivalent, of a business dominant in that 2ield of operation. Broker means a business that canies no inventory and that has no .�ritten or oral ongoing agreement http:!/www.ci.saint-paul.mn.us/code/ac084.htm1 1/17lO1 JRN 17 2001 13�51 6512235198 PAGE.06 Pa�e 1 of i l 01— \�Y JAN-l7 WED 01�43 PM PORT AUTHORITY FAR NO 6512235198 P O1/16 Page 2 of 11 with any manufacturer or manufacturer's authorized dis�ibutor to sell the products of the manufacturer. This definition is not intended to include businesses who actively use just-in-time �\��\>— methods in their normal operation, Buriness, or busn:ess eutity means a contractor, developer, vendor, subcontractor, supplier, consultani, or provider of technical, adminishative, or physical services, regazdless of whether operating as an individual or organized as a sole propnetorship, partnership, joint venture, association, cooperative, coTporation, or other entity which is organized for profit. Ciry means the City of Saint Paul, Minnesota_ Commercially icseful funefion means a funcrion performed by a business enterprise when it is responsible for the execution of a distinct element of ttte work of a conuact and catryin� out its responsibilities by actually performin�, mana�ing, and supervising the work involved. Acrin� as a conduit to transfer funds to another buszness does not constitute a commercially useful function unless it is done as a normal business practice of that industry. Construction mtd dn�elopmentproject.r means (a) construction and deveIopme�it projects, (b) the construction, alteration, painting or repair of a building or any structure on land, (c) any construction, building, alteration, reconstruction, modemization or improvement of any shucture, and (d) the improvement of, or addition to, any capital asset. Developer means a business which contracts �vith or seeks to contract with the ciry for any consuuchon and development project in which the contractual docuinents therefor psovide that either the city or the Fiousing and Redevelopment Authority of the City of St. Paul, Minncsora ("HRr1,") (a) will receive. at any time, legal or equitable title to the land, or any building or structm thereon, which is part of such projeet, exelucling title or property interests to or for public rights-of- way for pedesfrian or vehicle transil, in;ress or e�ess, or (b) is �bligated 2o issue eenera] obligation bonds, or provide financing supported by a fuil iaith and credit pledge. � Direcior means the Director of the Division of Contract and Analysis Services in the Department of Technolo,;y and Management Services of the city, to�ether with such designees or staff persons as he or she may direct to cury out functions under this ordinance. Such tenn shall include persons or etitities designated by contract to carry out one (1) or more funetions under 2}us ordinance, as may be and to the extent provided in such conu�act. Dominartt in its field of operarion means a business having gross revenues that exceed tfie Minnesota bepartment of Admuustration Standard ladusirial Classification (SIC) Code revcnue standard for its (SIC) category. Srnall business ente�rise (SBE) means a business enrity whose principal place of business is in the mazketplzce that: (a) Is not a business dominant in its field of operation, nor an affiliate or subsidiary thereof, and (b) Is not a broker, or a manufacturer's representacive, does not operate as a franchise or under a franchise agrecm�t, and is not a business in which the owner is also owner or part owner of one (1) or n�ore businesses that is dominant in the same field of operation; and (c) Is not a busniess whose �oss revenues exceed those established for its Standazd Industrial Classification (STC) code, as adjusted by the Department of Administrarion of the State of Minnesota pursuantto statute;and {d) Perfonns a commzrcially useful function; and http://www.ci.saint-paul.mn.us/codelac084.htrn1 JRN 17 2001 13�52 1I17/01 6512235198 PRGE.07 JAN-17-01 WED 01�44 PM PORT AUTHORITY _ FAS NO 6512235198 N U8/16 Pa�e � of 11 O 1 ��\3- (e) If it has been in operation for less than one (1) year, must be able to provide reasonable evidence in form satisfactory to the director, showing tfiat it fias an established record of generatiaa revenue while performin� ihe business iunction represented in its application for cerfification or, if a professional service, showin� thatit possesses applicable licenses orprofessional certifications or credenrials. Franchise, or franchised business means a business operated under an opetating a�eement obtained from a franchiser to conduct a business where the franehiser retains the nght to (I ) direct, or set requirements for, certain elements of the business, or (2) receive compensation for use of the franchise or the goodwill or business name and where the owner does not beaz the full risk and responsibility for the perfoimance of the business. Goods and services means and includes (a) materials, supplies equipment, all things which are movable, and all tangible personal chattels, whether or noi intended or suitable for becoming a fixture when attached to real property; (b) labor and work; and (c) services of any kind, inciuding consultant, trade, technical, and professionaI senrices. Joint ti enture, means an association of two (2) or more persons or businesses to carry out a sin�e bnsiness enterprise for profit for which purposes they combine their progerty, capital, skiils, knowledge and management in an agreeci-to proportionate shaze. Manufacrurer means a business that makes or processes raw materials into a finished product. Munufactwer's representurive means a business that has an agreement with one (1) or more manufacturers or manufacturer's authorized distributors to se11 the products of the manafacrurer, but that is not an employee of the manufacturer, and in which the owner does not beaz the full risk and responsibility for the performanee o£ the business and the products and setvices offered. Marketp[ace mcans the geo�zaphical azea of die Minnesota counues of Anoka, $enton, Carver, Chisago, llakota, Hennepin, Isanti, Ramsey, Scott, Sherbume, Steams, Washina on, and ��ribht; and the Wisconsin counties of Pierce and St. Croix. Nlinoriry means a citizen of the United States or lawfully admitted permanent resident who is Asian- American, Native American, African-American, or fiispanic. MBE, or minoriry-owned hu.riness enterprise means a qualified business located in the marketplace or doing business in the marketplace at the time of bid opening or solicitation (a) which is at Ieast fifty-one (51) percent owned by one (1) or more minoriry persons, or, in the case of any pubIicly owned business, ai least fifty-one (51) pe;cent oF the stock is owned by one (i ) or more minority persons; and, (b) whose management and daily business operauons are conuo�led by one (1) or more minority persons who own it. Prirnc, or przme r.ontra�tor means a busino�ss en�aging in construction and development projects by conuactual ab eement, or in prime contracu, with the city. The terms also include a devetoper who or which may enter into a contract with the city for a particular construcrion and development project, and which necessarily contemplates that the developet wili aiso enter into other or further contracts for the completion of the said project. Yrime contract means a contract with a prime con�actor for the completion of a construcuon and development project, as to which it is reasonably likely that the prime coniractor will use, contract with, or seek bids from, one (1) or more subcontractors. A prime contract also includes a contract with a developer, where such contract or the pazticular "consuuction and development projecY' necessarily contemplates that Ille developer will enter into other or further contracts for the completion of the project. httP:!/ww�v,ci.saint-paul.mn.us/code/ac084.html ' 1/17/Ol TAN 17 2001 13�52 6512235198 PRGE.08 JAN-17-01 WED 01�44 PM PORT RUTNORITY _ FAX N0. 6512235198 P,09/16 Page 4 of I 1 Principa! place of business means the nm O 1-1\a-- performs, is maintained, or operates. P � Physical ]ocauon at which or from which a business SIC or SIC Code means the Standard Industrial Classification code as promulQated and maintained by one (1) or more agencies or departments of the Linited Stztes, and inctudes any code or system which replaces or sueeeeds the code in existence on July 1, 1997_ "SIC" or "SIC Code" shail aiso include ctassifrcation codes promulgated and maintained by the American Institute of Architects or ofher organizations cancemed with conuactina which, ia the discrerion oi Lhe director, are deemed more useful or suitahle for carrying out the purposes of this chapter. Vendor means a business selling goods and services to the city, as well as other services, inciudina constructiou and development projects for which there will be no subcontracts. Vendor contract means a contract with a vendor as to which the vendor will not use, cotttract with, or seek bids from, suhconh WBE, or women-ox�ned business ente�prise means a qualified business concem located in the marketplace or doing biuiness in the marketplace at the time of bid opening or solicitation (a) whieh is at ]east fifty-one (51) percent owned by one (1) or more women, or, in the case of any pubiicly owned business, at least fifty-one (51) percent of the stock is owned by one (1) or more women; and, (b) whose management and daily busincss operations are controlled by one (1) or more women who own it. (C.F. I�Io. 97-840, � 1, 9-3-97; C.F. No. 98-779, y� 1, 9-23-98) Sec. 84.04_ Applicability. The provisions of this ordinance shail apply to all contracts which aze awazded or entered into by the city, mcludin� vendor contracts and prime coniracts, except as may be hereinafter specificaliy exempted, and shall be liberally construed for the accomplishment of its policies and purposes. Any bid, as to which there is or has been a material lack of compiiance with the requirements of this Chapter 84 by any bidder, shall be deemed to be an unresponsive bid, and such tack of compliance shall be a sufficient basis for the rejection of that bid by the director. Every contract covered by this chap�er, which is entered into without bidding, shall include provisions which {a) obiigate the prime contractor, developer and vendor to fully compiy with the applicable ouh requirements unposed in this ehaptcr, (b) providc that failure to so eomply is a bre�ch of such contract, and (c) provide remedies fox� sueh breach. (C.F. No. 97-840, § i, 9-3-97; C.F. No. 48-779, § 1, 9-23-9%} Sec_ 84.05. Administration. (aj The director shall direct and administer the vendor outteach program. (b) The director may contract with other �overnmental agencies to administer programs for such other agencies which aze similar to the vendor outreach program, provided that the city is fu11y protecYed fzom liability and risk of loss arising out of such conuaet or contracts. The d'uector may also contract with non�overnmcncal a�encies for the administration of all or part of the vendor outreach pro�ram. (c) AIl departments and offices of the city shail share in the responsibility for accomptishing xhe policy and purposes o{the vendor outreach pro� The mayor may by adminish�ative order provide for additional activities and reports m furtherance of said pro�am. In particular, the director shall work jointly with other city departments and o�ces to establish levels of utilization of SBEs, http:/hvww.ci.saint-paul.nm.usicode/ac084.htm1 � il17/Ol JAN 17 2001 13�53 6512235198 PRGE.09 JAN-17-01 WED 01:45 PM PORT AUTHORITY FAS N0. 6512235198 N lU/16 Page 5 of t i MBEs and WBEs in and for professional services contracts and any other categories of purchases Q��\�... that may help the city to accomplish the overall purpose of tt�e program. , (C.F. No. 97-840, § l, 9-3-97; C.F. No. 95-779, § 1, 9-23-98) Sec. 84.06. Establishment of Desired Levels of Participation. (a} Annual parricipazion. The director shall establish, as provided in this seetion, on an annual basis, the desired levels of pareicipation of SBEs, of MBEs and of WBFs in vendor contracts and prime contracts for the next fiscal year, expressed as a percentage, for each, of the reasonably anucipated total dollar amount of all such contracts. Such levels ofparticipation shall be adjusted, from time to time during the course of the year as may be necessary, based on changes in the availabiliry of SBEs, IvIBEs and WBEs in the market}�lace. (b) Adjushrcercts for indiiridunl prime contracts. The director shall also establish and/or, wh��re appropriate, modify levels of participation by subcontractors, which may be more or less than the atmual ievels established in subsection (a), for individual prime contracts, taking into accowit the total dollazs of the contract and the dollazs in the contract which may reasonably be expected to be subcontracted. In setting such level of participation, the director shall also take into account and remove from consideration those amounts and works under the contract and subc�ntracts which cannot be performed or supplied by subcontracton which are certified as eligible for participation in the vendor outreach proo am. Such levels of participation shall be established by SIC Code where x�propriate, and the director shatl indicate which codes included within the definition of STC Code are being used and for what purposes. (c) Factors. In setting levels of participation of SBEs, MBEs and WB$s, whether annually under subsection (a) above or for individual prime contracts under subsection (b) above, the director shal] endeavor to arrive at the number of such businesses (i) which are currently available in Ute marketplace and which are qualified to do the particular work required by the city contract, and (ii) which would reasonably be expected by normal economic and business operation and mazket forces to participate in such vendor contracts and prime conhacts, in the absence ofpresent discrimination or the effects of past discrimin.ation. The director shail consider the following factors in establishing levels of participation: (1) The practical, as ogposed to theoretical, availabiizty of SBEs, MBEs and WBEs ("svch businesses" in this subsection) in the markciplace; (2) The particular goods and seivices, or c�nstruction or development projects, for which such businesses aze avai]abie; (3) The past lcvels ofparticipation of such businesses in city vendor conh•acts or as subcontractors in city prime cnntracts; (4) The reasonably anucipated number and amount and type of city vendor contracts aztd subcontracting oppornmiries in city prime conu�acts for the next fiscal yeaz; (5) Whether the reasonably anticipated contracts are for goods or services, or construction contracts, f�r which there aze few or no such businesses available or qualified to do the partieulaz work, or to do subcontracts; (6) Whether such businesses wili be able to obtain necessary bonds, insurance policies, and equipment or personnel required to perform such city vendor contracts or subcontracting on prime contracts; http:/1www.ci.saint-paul.mn.us/code/ac0$4.htm1 1/17/01 rcti i7 JRR'I 13�53 6512235198 PRGE.10 JAN-17 WED 01:45 PM PORT AUTHORITY FAK N0. 65I2236198 N.11i16 (7) As to professional services, the levels of participation that aze established by other city deparhnents and offices; (8)1,Uhether the reasonable and necessary requirements of the eontract render subcontractin� or other par[icipation of business other than the bidder or proposer infeasible; (9) Whethcr a public or aciministrative emer�ency exists which requires the �oods or services, or construction or development projec[, to be delivered or performed with unusual immediacy; (10) Whefl�er the number of certified S$Es, MBEs or WBEs providin� the services required by the contract aze sa few as to render them unavailable in practical terms, despite attempu to locate them; and (11) Whether the application of the provisions of this ordinance will impose an unwarranted risk on the city or unduly delay acquisition of the �oods or services, or complehon of the conshvction or development pro�ect. (12) Availability shatl be construed as broadIy as is lawful and reasonably possible in order to effectuate the �oals of this ordinauce. (13) And the director shalI develop and aciminister a progr�n to assist cenified businesses to obtain bouding az�d insurance. (C.F. No. 9?-840, y 1, 9v-97; C.F. No. 98-779, § 1, 9-23-98) Sec. 84.07. Certificarion of businesses. (a) Requirement, 1wu pears. Any SBB, M$E, or WBE ("such business" or "such businesses" for the remainder of this section) which seeks to participate in, or avail itself of fhe benefits of, the vendor outreach pro�ram, must first be certified. Ottce certified, the certification is vatid for the following two (2) calendaz yeazs and, thereafter, renewabl� for two-year periods by recertificaAOn. (b} Application. Such business shall file an application with the director, and provide such infotmation on such forms as the director may reasonably require. The director may require information: (1) That will establisl� that such husittess meets and will continue to meet the definition of an SBE, M13E or WBE, as the case may be, for the entire period of certification; (2) That delineates the availabiliiy and qualifications of such business; (3} The azeas of city vendor contracts or prime conh such business seeks; and (4) The number and dol]az amount of past city contracts it has been a party to or participated in as a subcontractor. (c) C.ercif:cazion of ¢nother jurisdicrion. The director may, in his or her sole discretion, waive all or pazt of the application process, and waive the submission of information required thereunder, as to any such busuiess which has been ecrtified tuidez a pro� am materially Similaz to the vendor outreach prod am. The burden is on the applican2 to furnish a copy of the application and supporting infonnation from the oiher pro�razn, and to demonstrate to thc satisfaction of the director that the �uidelines and requirements of the other pro,;ram are sub�7anrially simitar to those required undex the vendor outreach ptogram. This authonty is not intended to amend, modify or rescind, in whole or http://wivw.ci.saint-paul.mn.us/code/ac084.htm1 ToN t7 �AA1 'I�:S4 I/17/O1 6512235198 PRGE.11 Page 6 of 11 01—�\�— JAN-17-Ot WED 01�46 PM PORT RUTHORITY FAK N0. 6512235198 r.1�i1b Page 7 of i l in pazt, any a�eemenu that may exist to engage in a joint certification process witl� other �� `��^ �ocernmental entities_ (d) Join1 opplications. The director may cooperate with any other governmental entity having a pro�am materially simiiar to the vendor ouueach program in pro�lding for a joint or mutualIy acceptable application process. (e) No certifcation. The director may detemune not to certify an applicant if such business sells a product or service which the city, either itselfor for anotfier govemmental entity, (1} has in the past either not purchased or purchases in very limited amounu, or (2) is not likely to purchase in the foreseeable future. (� Change in circumslances. If the d'uector determines that any such business no longer meets the definition of SBE, MBE or WBE, as che csse may be, the director may terminate the certification of such business. Each such business, which has been certified, is and remains under a coniinuing obli�arion to report to the director any chan�e in circumstances affecting it that would cause it not to meet the appropriate dcfinition. (g) Material misstatement offact_ If the director detersnines that any such business made a material misstatement of fact in its appiicarion for certification or in any information submitted in support of the application, whether intenuonal or by mistake, the director may detennine either not to certify such business for participation in the vendor outreach pr daram, or to terminate the certification of such business if already granted. (h) Appeal. Any such business whose application for certification has not been granied, or whose certification has been terminated, by the director may appeal to the direcior of tt�e Of'fice of Technology and Mana�ement Services ("TMS birector"), or to such agency or entity, usin� such procedures, as may be provided for in a joint powers agrccment to which the eity is a paziy. Such appeat shall be decided on written submission and where appropriate in the discretion of the SMS Director, with an informal conference of such business with the director and his or her staff. (i) Periodic retidew. The certificauon for each such business may be reviewed pe�iodicaily by the director to determine that it continues to be eligible for certification and meets the definirions of an SBF, M13E or WBE, as the case may be, but such rcview shall take place at least every two (2) years after its initial certification. The director may require each such business which has been cer[ified to submit all information necessary to verify the eontinued eli�ibilaty of such business, and the fazlure of such a business shal] automatically terminate its eligibility to participate in the vendor outreach pros ani. (j) Targered vendur deve[opment program. A business which is reoistered as a"targeted vendor" pursuant to section 81.07, Saint Paui Administrative Code, on che effecdve date of this ordinance shall be certified as an SBE, MBE, or WI3$, as the case may be, and shall be ineiuded in the vendor outreach program for a period of six (6} months following the effective date of this ordinance. The director shall notify ali such targeted vendors of the provisions of this ordi�iance. During such six- month period, all such tar�eeed vendors which wish to be fiuther ceriified shall make request to be further certified in conformity with the requirements of this subsection (j). Upon receipt of such a request, the directar shall review any materials previously filed to determine compliance with certification requitements. �Vhere cwrent matenals aze insufficient to determine compliance, additional materials may be requested, Any targeted vendors failin� to submit a request to continue, or failing to subuut all additional materiais which may be requested by the director, will be terminated and will have to submit to a new certificarion process. (C.F. No. 97-840, §], 9-3-97> C.F_ No. 98-779, § 1, 9-23-98) Sec. 84.0& Prime contract bid requiremeats. http:!/�vww.ci.saint-paul.mn.us/code/ac084.html � 1l17/01 JRN 17 2001 13�Sa 6512235198 PRGE.12 JAN-17-01 WED 01�46 PM PORT RUTHORITY _ FAX N0. 6512235198 Y 13/lb Pxge 8 of 11 01—\\a- (a) Evidence. ofcompliance wirh bid rioeumerzu. Each appazent low bidder on a city prime contract is required to submit, before the bid is awazded to it, evidence of its compliance with the requirements of the vendor ouheach program, on such forms as the director may prescribe. Such forms may include a certification by the bidder that the bidder will not use any subcontracts on the particulaz job. Such evidence shall be submitted after the opening ofthe bids, and on or before a date to be established by the director, bu� in no case after the tenth day foilowing the openiag of such bids. (b) CompliaRCe wrth outreach requi�emenrs. Such a bidder shal! submh evidence (1) that it has complied with Che outreach reqwrements of the vendor outreach program specified in subseccion (c) in this section 84.08, and (2) that it sought to entcr into subcontracts with certified SBEs, MBEs and/or WBPs who aze willing and qualified to do the work required by the particulaz subcontrzct. Such evidence shall be submitted on such forms and meeting such requirements as the director may determine necessary to establish that the bidder did comply fully and completely with such outreach requirements. The presence of fraud, misrepresentation, or intentional discrimination by the biddzr shall negate compliance with outreach requirements hzreunder. (c) (Jutrench requirements. The following steps arc requized for compliazice with the outr�ach require�nents of the vendor outreach program m this section 84.08. (1) List eacli possible subcontract opportunity in the prime contract, indicating where possibie the SIC Code of such work, seeking the assistance of the director in ascettaining such subconuact opportunities. (2) Obtain a cunent Iist of certified SBEs, MBEs and WBF.s from the director, which tist shall contain where available the applicable SIC Code or codes for such businesses. (3) Attend all pre-bid conferences to obtain information abaut the vendor outreach pro;ram, the lecels of participation of certified SBEs, MBEs and WBEs, and the outreach requirements herein. (4) kequest assistance from minority and women commiuuty organi,ations, minority and women contractor �roups, or other or�aniutions thai provide assistance in the recruitment and placement of SBEs, MBEs or WTiEs_ (5) Obtain a current list of minonty and women publications from the director. (6) So]icit bids from certified SBEs, i�If3Es and WBEs, which have been identified by the director in consultation with the bidder as being available and capable of performin� the necessary work, for the subcontracts within the prime contract at least ten (10) days prior to bid opening, by phone, advertisement in a local paper and the relevant minority publicatrons on the list obtained from the director, or other means specified by the director, by written notice to the bidder. The bidder for the prime contract must solicit bids from a minimum of five (5) such certified businesses for each subcontract within the prime contract, by SIC Code where available and appticable. Tf the applicab2e certified list, usino the SIC Code or codes where available, is five (5) or fewer, such bidder must contact the entire list. ('n Provide plans and specifications or information regarding the location of plans and specifications to certified SBEs, �IBHs or WBBs. (8) Where appiicable, advise and make efforts to assist incerested SBEs, MBEs and WBEs to obtain bonds, lines of credit, or insurance requued to perform the contract. (9) Submit documentation if bids froin certified SI3Es, �ffiEs or WBEs were rejected, giving the complete basis for the rejection and evidence that the rejection was justifled. http:l/www.ci.saint-paut.mn.us/code/ac�84.hUn1 � 7/17/Oi JRN 17 2001 13�55 6512235198 PAGE.13 JAN-]7-Ol WED 01�47 PM PORT AUTHORITY _ FRX N0. 6512235198 P 14/16 Pa�e9ofli (10) Bidders on prime contracts who continuously list the same certified SBEs, MBBs and WBEs as having bee�i contacted and listed as unavailable, when conuct has previously been unsuccessful as a result ofdisconnected phone numbers or retumed uiail, wili not be deemed to be in compliance with the outreach requirements. (d) Aleernative compliance. Notwithstanding the foregoing, a bidder on a prime conu shall be deemed to have complied with the above outreach requirements of thc vendor outreach pro� if such a bidder submits evidence with iu prime contract bid documents that it has already entered into bindin� contracts with certified subcontractois whose contract daliar amounu meet the levels of par[icipation established for that prime contract. A subcontractor is certified for the purpose of this subsection if it is certified before the award of the contract_ If such bidder submits the name of a proposed subcontnetor to satisfy this program, and ihe subcontractor is not certified before the awazd of the bid, the dollaz amount o� that subcontract will not be counted 'ui determinin� tiie level of pazticiparion of certified SBEs, MBFs and WBEs, and the bid may be rejected as being unresponsive if the bidder has not otherwise complied with the above outreach requirc�nents of thc vendor outreach pro�ram as required by this section 84.08. Bidders shall not couat toward tl�e desired levei of participation any a� eements with businesses that are not located within the marketplace or otherwise do not meet the guidelines as set forth in this ordinance. The bidder may include first and second tier subcontractors and suppliers as meeting the desired leve(s of participation. (C.F. No. 97-840 § 1, 9-3-97; C.F. No. 98-779 § 1 9-23-98) Sec. 84.09. Vendor contract requirements. (a) Dir•ector compliance. The director shall, consistent with applicable laws and statutes relatin� to competitive bidding and awards of conuacts to the lowest responsible bidder, seek where possible and lawful to awazd n portion of vendor contracu to certified SBEs, MBEs and WBEs, in accordance �c°ith the annual levels of parricipation for such businesses established pursuant to section 84.06 above. (b) Outrear.h r•equire»zents. The director shail engage in one ( I) or more of the followinb outrcach steps in order to achieve the desired level ofpazticipation for all city vendor contracts � (I) Solicit bids, proposats or quotations from certified SBEs, MBEs and W}3Es for the vendor conttacts prior fo bid opening by phone, advertisement in a local paper, or other means. (2) Provide plans and specifications or informaAOn regarding the location of plans and specificarions to certified SBEs, MBEs or WB�s. (3) Request assistance from minority and women community organizations, minority and women contractor s oups, or other organizafions that provide assistanee to such minority and women contraetor groups in the recniitment and placement oSSBEs, '_�IBEs or WBEs. (4) Where applicable, advise and make efforts to assist interested SBEs, MBEs and WBEs to obcain bonds, lines of credit, or insurance required to perform the contract. (5) Prepaze and maintain documentation ifbids &om certified SBEs, MBEs or WBEs were rejected, giving the complete basis for the rejection and evidence that the rejection was justified. (c) Unmet Jevels ofparticipurioi:. In the e�•ent that the number and dollar amount of vendor contracts awarded to SFSEs. MBEs and tVBEs does not rise to thc levels of participation that wete eStablished under section 84.06 of this ordinazice, the director shail reexamine the procedures used by the directoz and other city officials for the processing and award of contracts. Where appropriate, the http://www,ci.saint-paul.mn.us/codelac084.htrn1 � i/17/Ol JRN 17 2001 13�55 6512235198 PAGE.14 O \ - \�i- JAN-17-01 WED 01:47 PM PORT AUTHORITY FRX N0. 6512235198 P.15/16 director may seek chan�es in such procedure; by ordinance or administrarive order. Pa?e 10 of I 1 ��—��'�... (C.F. No. 97-840, § 1, 9-3-97; C.F_ No. 98-779, � 1, 9-23-95) Sec� 84.10. Moniforinti and Reporting. (a) Irrspection. The direcYOr is hereby authorized to verify that the certified SBEs, MBEs or V.BEs workin� on any city vendor contract or on any city prime conuact are certified, remain eli� ble and certified, actually performin� the work, and otherwise in comp]iance with the vendor outreach progam. Such verification may be made by on-site inspecbon, requesting written information from the bidder or the subconh or t+y such other means as niay be reasonable. (b) Access ro records. Each certified S$F., MBE or WBE shall, upon request of the director, permit access during normal business hours Co its business work site, records, and files as needed to detetmine conformance with pro�am rc;quirements herein. (c) Ciry reports. Each city department and office shall prepaze reports documenting the levels of participarion established for professional service a�eemenu for the particular fiscal yeaz, and thc results of their effozts to meet those �oals. The Department of Planning and Economic Development shall prepare reports documenting goals established for development and od�er a ant projects under its junsdiction, and flie resules of its efforts to meet those goals. The Division of Contract and AnaIysis Services shaIl prepaze similaz reports for those conh undcr its jurisdiction. These reports shall be filed with the Direetor of Tectuiology and ?vlanagement Services in aecordaiice with established schedules. (d) Xe.port of the director. The director shall annually submit a report to the mayor and city council sununanzing the information eathered pursuant to this section, inciuding information about any othez activiries undertaken by or on behalf of the city to further the objecfives of the vendor ouireach program. The report shall be acailable to program participants and othez interested parties. (C.F. No. 97-840, � i, 9-3-<)7; C.F�. No. 98-779, § 1, 9-2�-98) Sec. 84.11. Bnsiness development. (a) Reserved. (b) Support for SBFs, MBL•'s and W13F.s_ The Director of the Depamnent of Pla�ming and Economic Development shall undertake andlor facilitate any other acrivitics to enhance the viability of SBEs, MBEs and ��EiEs, in ihe marketplace that are authorized by law or progcam, Such activiries may include, but aze not limited to, mentoring, technical assistance proerams, advocacy efforts, encouragin� joint venture formation, collaboration with or�anized labor, and providing financial assistazice. (C.F. No. 97-840, § 1, 9-3-97; C.F. No. 98-779, § 1, 9-23-48) Sec. 84_12. Misdemeanor. Tt sha1l be a misdemeanor for any person to furnish or to provide fraudulent or false information for the purpose of �aining eligibiiity for, or participation in, the vendor outreach program. (C.F. No. 97-840, § 1, 9-3-97; C.F. No. 98-779, § 1, 9-23-98) Sea 84.13. , �.pplicability of other Iaws. hnp:/lwww_ci.saint-paul.mn.us/code/ac084.htm1 iAN 77 2801 13�56 6512235198 1/17/01 PAGE.15 JAN-17 WED 01�48 PM PORT AUTHOR?TY hRX N0. e51«s5iaa r.ioiio Pave l 1 of I 1 01•��} Nothina in this ordinance should be consirued to amend, modify, affect or repeal any provision in any other ordinance or statute that would otheiwise be applicable to SBEs, MBEs, WBBs, or to any person, firm or corporauon bidding on or party to any contract with the City of Saint Paul. (C.F. No. 97-840, § i, 9-3-97; C.F. No_ 98-779, § 1, 9-23-98} http://cvww.ci.saint-paut.mn.us/code/ac084.html 7RN 17 2001 13�56 1/17lO2 6512235198 PRGE.16 ��G►�� Presented by Council File # O �.. \\9, Green Sheet # �3S RESOLUTION �tN� l�, MtNNESOTf�� / �� %,� �. ,6'/ Referred To Committee Date CITY COIINCIL OF THS CITY OF SAINT PAIIL, MINNESOTA RESOLUTION # RESOLIITION Ai1THORIZ2NG THE EXECIITION OF A CONTRACT FOR REDEVELOPMHNT PIITH RESPBCT TO THS RSNOVATION OF THB DOWN'i'OWN SAINT PAIIL DAYTON'S STORE WHEREAS: A. The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA") has previously adopted a redevelopment plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") for the central business district of the City of Saint Paul (the "City"). B. A major objective of both the Redevelopment Plan and the TIF Plan was to prevent the further deterioration of the land and building stock located within the central business district of the City. C. Pursuant to the terms of the Memorandum of Intent, the City and the Port Authority have negotiated a Contract for Redevelopment (the "Contract") with Target Corporation, describing a proposed redesign and renovation of the department store operated by Target in downtown Saint Paul (the "Project") and the responsibilities of the parties with respect thereto. D. Pursuant to the terms of the Memorandum of Intent, the Port Authority and the City have negotiated a Contract for Redevelopment (the "Contract") with Target, describing in more detail the nature of the Project and the responsibilities of the parties with respect thereto. E. Pursuant to the Contract, the Project will have a total cost of at least $20, 000, 000, and will result in the aesthetic redesign of at least some portion of the existing faqade of the downtown store; the renovation of the downtown store; and the continuous operation of at least 160,000 square feet of retail space in a manner consistent with the current standards and practices in place with respect to other department stores operated by Target in Minnesota. F. Pursuant to the Contract, Target shall be responsible for the costs of the Project. The City's sole responsibility shall be to contribute the following: 1. funds in the principal amount of $6,300,000 to the payment of Project costs; and 2. additional funds in an amount not to exceed of $1,500,000 to be applied to the payment of the costs of asbestos removal necessary in connection the Project, pursuant to a program for asbestos removal mutually agreeable to the Port Authority, the City and Target. 13663.1. 0 1-\\?�• The assistance provided by the City shall be for the purpose of renovating Target's downtown Saint Paul department store, which is currently housed in old or decaying building stock, and to provide pollution control or abatement. The total assistance is less than 50� of total Project Costs. G. In exchange for the City contribution described in the preceding recital, the Contract requires Target to pay the City $630,000 annually if the downtown store has not been open and, absent force majeure causes, in continuous operation £or the preceding year. This provision commences on the date the Project is completed, and is effective for a period of ten years from such Project compleCion date. Any payment which Target is required to make pursuant to this provision shall be made on December 31 of the year in question. In addition to the annual payment described above, Target will pay the City $6,300,000 i£ the downtown department store has not remained continuously open, absent force majeure causes, for a period of ten years from the completion of the Project, and remains open on such date. The obligations of Target to make these payments will be secured by a mortgage on the downtown department store, a letter of credit or other collateral mutually acceptable to Target and the City. H. Target would not undertake the Project but for the execution of the Contract. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Saint Paul as follows: Section 1. Negotiation oE Contract for Redevelopment. The Contract providing for the Project described herein and in the presentation to the City Council is hereby approved in substantially the form attached hereto as Exhibit A. City staff and representatives of the Port Authority are hereby authorized to continue all work necessary to finalize the Contract in accordance with the terms of this resolution and the information presented to the City Council at this meeting. Section 2. Execution of Contract for Redevelopment. The Director, Planning and Economic Development, and other appropriate officials of the City are hereby authorized to execute the Contract and any other agreements necessary to consummate the transaction contemplated by the Contract and this Resolution upon being advised by City staff and representatives of the Port Authority that such Contract is in final form. Section 3. Waiver of Living Wage Requirements. In light of the longstanding participation of Target in the City, both at the downtown department store and at other store locations, and in consideraCion of Target's agreement to provide the Ramsey County Workforce Development staf£ with information regarding Target's employment needs at its downtown department store, and to consider, in good faith, and in accordance with its standard procedures, any qualified individuals referred to Target by the City for available positions at the downtown department store, the requirements of the City's living wage ordinance are hereby waived with respect to the construction and operation of the Project. Section 4. Retention of Counsel. Leonard, Street and Deinard is hereby retained to act as counsel to the City in connection with the matters approved by this resolution. Section 5. Financing Source Approval. The use of HRA Downtown Tas - Increment Subordinate Note Payments in the amount of $7,800,000 (or such lesser amount as is needed after application of cleanup grant proceeds) to pay Project costs, including the costs of asbestos removal, is hereby authorized. Section 6. Subordinated Note Advance. The City intends that the foregoing appropriation be considered, upon expenditure, as an advance against the Subordinated Tax Increment Revenue Note (DOwntown and 7 Place Project) issued by the HRA to the City. The City requests that the HRA approve the expenditure as an advance against said Note. 13663.1. o�-��a- Section 7. The City's 2001 Budget is amended as £ollows: Current Amended Budget Changes Bud et FINANCING PT•au 149 City Downtown Capital Projects Fund P6-149-76900-6604-00000 Payment from HR.A on Note - Interest 3,538,737 0 3,538,737 P6-149-76900-6922-00000 Payment from HRA on Note - Principal 1,819,365 7,800,000 9,619,365 Total Financing Plan 5,358,102 7,800,000 13,158,102 SPENDING PLAN 149 City Downtown Capital Projects Fund Wabasha Redevelopment Downtown Skyway Connections Busway Improvements - Smith Ave Parking / Skyway Visitor Signage Professional Services - Downtown Projects Downtown Project Administration �ota1 Current Spending Plan 5,358,102 0 5,358,102 Dayton's Store Project - Store Renovation 0 6,300,000 6,300,000 Dayton's Store Project - Environmental Cleanup 0 1,500,000 1,500,000 Total Spending Plan 5,358,102 7,800,000 13,158,102 Approved by the Council: , 2001 eas a s sent enanav � a ey ,�� os om � i ' o eman �, � - ams �, an �� ei er �. �.: =�- p �� : . QRI�I�AL 13663.1. -. :Adopted by Council: Date _.��. °�, f �.QS�1� 1 Adopfion Certified by Council Secretary $Y� � ' _� Approved by Mayor: Dat� ////�/��-( � �� By: Requested by Department of: � — By: Form Appro�ve by City Attomey By: !/ 1/cs� . � � Approved by or r Submission to Council BY= 1 �i��'.�� r� � �\-\�a• 13663.1 o�-��a— Saint Paul Port Authori GREEN SHEET � No 10? 335 Ken Johnson, Bill Morin 224-5686 � BE ON COUNCILAGHmF BY Eebruary=7, 2001 TOTAL # OF S{GNATURE PAGES 1 Approval of the Contract for Redevelopment between Target Gorporafion and City of Saint Paul ,��,}�r ��, �S'sQB�'23�°,1 �,. � ';�� PLANNING COMMISSION CIB COMMITTEE CML SERVICE CAMMISSION Staff Approval of this Contract for Redevelopment will assist in the interior and exterior rede- sign and renovation of the downtown Dayton (Marshal1 Fields) store. Target Corporation is willing to make a significant investmentand make the commitment and effort to improve this'under-performing sCore providing the City of Saint Paul also con,tributes to the in- , vestment. Target Corporation will commit for a minimum of ten years to the continuous operation at this site of at least 160,000 square feet of retail space in a manner consistent with the current standards and practices in place with respect to Dayton's retail stores. None �._ ,_ . .� .,- -�,: � � G1IYAliOIOEY ❑ CIIYClEO[ � �� a � wmR(oRUesrurtJ ❑ (CLIP ALL LOCASIONS FOR SiGAIATURE) Has nsc a��rm ever Mwlrea icder a mrihaa tartnie depaMknt? YES NO Flae tllis Y�� euer 6een a alY �PbYre? .�.,� _ . � .- ' ' " YES NO - oo� n� �� a sbn oa � nr �r w�rt aiy �awree� rES r�a kmia pe�lfi�m a rarpetea.enaorr VES NO yain all vea ar�as m seoarate aMet and � to arem sheM arvca.n. The potential loss of dovantown Saint Paul's only department store. $20,450,000 WST/REVENUE BUIXSETEDjpRCLE ONq YEE NO souRCe Target Corp./City of St. Paul/ Metropolitan Council ��+co�wro Source of Project Funds Target Corporation City of Saint Paul Metropolitan Council �crnRr �een are Detailed as Follows: $12,650,000 6,300,000 TOTAL $20,450,000 O \ -\\� IN OF THE CIN OF SAINT PAUL _____.-_ J2K TOWERS • 345 ST. PEfER STREET • ST. PAUL MN 55102-1661 January 15, 2001 Brian Sweeney Housing and Redevelopment Authority of the City of Saint Paul, Minnesota 25 West Fourth Street St. Paul, MN 55102 Dear Brian: FAX (612) 223-5198 TOLL FREE (800) 328-8417 • PHONE (612) 224�686 Enclosed for submission to the City Council at its meeting on January 24 is a resolution of the City Council authorizing the Contract for Redevelopment with Target for the renovation of their downtown retail store. We have met with representatives of Target and believe that the Contract is in substantially final form. Although I will be out of town until January 24, you should feel free to call Bill Morin if you have any questions in my absence. Sincerely, �`��--.__.__— Ken Johnson �� r � � a �� F X .�,a :� .�. �: cc: Bill Morin � � C, c �y�f1�^/.n/ `zma1� � 2035362v1 b � -�1}. Drafted: 1/30/2001 2:44 PM �• 1: CONTRACT FOR REDEVELOPMENT By and Between CITY OF SAINT PAUL, MINNESOTA And Y11_\:Ze! I�T[i iZ1]:71�7:7�I�7C�]�I THIS DOCITiVIENT WAS DRAFTED BY: Leonard, Street and Deinard, P.A. 380 St. Peter Street Suite 500 Saint Paul, MN 55102 2010301vt ot-� »-- TABLE OF CONTENTS I'.��`i ARTICLE i - DEFINITIONS 1.1 Definitions ................... ARTICLE 2. — REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS .........................4 2.1 Representations, Warranties and Undertakings by the City ........................................................4 2.2 Representations, Warranties and Undertakings by the Target ....................................................4 ARTICLE 3 — CITY OBLIGATIONS ..............................................................................................................6 3.1 City Contributions ...................................................................................................................................6 3.2 Permits ........................................................................................................................................................7 ARTICLE 4— CONSTRUCTION OF PROJECT ........................................................ 4.1 Consiruction of Project and Payxnent of Project Costs ................................ 4.2 Project Design Pians .............................................................................................. 43 Final Site and Construction Plans ...................................................................... 4.4 Commencement and Completion of Construction ........................................ 4.5 Certificate of Complerion ..................................................................................... 4.6 Restrictions and Requirements for Use ............................................................ 4.7 Additional Responsibilities of Target ............................................................... 4.8 Signage - Credit, Acknowledgments and Notices ......................................... 4.9 No Assessment Agreement .................................................................................. ARTICLE 5 — CASUALTY ..................... 5.1 Casualty .......................................... ........... ..............7 ............................... 7 ................................ 8 .............................. 8 ............................... 9 ............................... 9 ............................... 9 ..............................11 .......................11 ..............................11 12 12 ARTICLE 6 —ASSIGNMENT AND TRANSFER ......................................................................................13 6.1 Prohibition Against Transfer and Assignment ..............................................................................13 62 Subletting/Licensing .............................................................................................................................14 ARTICLE 7— EVENTS OF DEFAULT .................................. 7.1 Events of Default Defined ............................................. 7.2 HRA Remedies on Default ........................................... 'I3 No Remedy Exclusive .................................................... 7.4 No Addirionai Waiver Implied by One Waiver...... 7.5 Reimbursement ofAttorneys' Fees .............................. ARTICLE 8 — ADDITIONAL PROVISIONS ................................ 8.1 No Partnership ......................................................................... 8.2 Conflicts of Interest .........................................................._...... 83 Indemnification ......................................................................... 8.4 No Environmental Indemnification ..................................... 8.5 Titles ofArticies and Secrions .............................................. 8.6 Notices and Demands ................. ..........................._ ... 8.7 Counterparts ............................................................................... ..........15 ..........15 ..........15 ..........15 ..........16 ..........16 ............17 ............17 ............17 ............17 .............17 .............18 ............18 ... .....18 2010301v1 i o�-��— 8.8 8.9 8.10 8.11 8.12 8.13 8.14 EntireAgreement .................................... .................................... Approvals........................................................................................... UnavoidableDelay ...................................................................... Ternrination ............................................................................ T erm ............................ .................................................... ............. Mediation ....................................................................................... Venue .......................- ......-----.............. - - ................... EXHIBITS E�ibit A Eachibit B E�ibit C Exhibit D Exhibit E Reserved Preliminary Budget Affirmative Action/Equal Opportunity Requirements Labor Standards Required by Saint Paul Administrative Code Vendor Outreach Program Requirements .19 ,.19 ..19 ..19 .19 ..20 Zoio3oi�� ii o �-►�� CONTRACT FOR REDEVELOPMENT THIS AGREEMENT is made on or as of February _, 2001, by and between the CTTY OF SAINT PAITL, MINNESOTA, a municipal corporation under the laws of the State of Minnesota (the "Cit}�'); TARGET CORPORATION, a corporation organized and existing under the laws of the State of Minnesota (the "TargeY')_ RECITALS In fiutherance of the objectives of Minnesota Statutes, Chapter 469, the City has previously adopted a redevelopment plan for the central business district of the City (the "Project Area"). The Project Area contains land and buiidings which are in need of redevelopment and reuse in order to enhance the health, safety, and welfaze of the residents of the City. As a result, the City has previously found that the Project Area, together with other adjacent land, qualifies as a"Redevelopment District," pursuant to Minnesota Statutes. In consideration of this Agreement, Target has agreed to renovate and refurbish the downtown retail store (the "Store") operated by Target in the Project Area as further described in this Agreement (the "ProjecY'). The Parties hereto believe that the Project as more fully set forth in this Agreement is in the best interests of the City and wiil renovate old building stock, expand the tax base of the City, expand the job opportunities available to the residents of the City and its surrounding area and will otherwise benefit the health, safety, morals and welfare of the residents of the City, in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2010301v1 o�-�v- ARTICLE 1. DEFINITIONS 1.1 Definitions - In this Agreement, unless a different meaning clearly appeazs from the context: "AcY' means all relevant provisions of Minnesota Statutes, Chapter 469 and Laws of Minnesota 1992, Chapter 376. "AgreemenP' means this Contract for Redevelopment, as the same may be from time to tnne modified, amended, or supplemented in writing. "Ciry" means the City of Saint Paul, Minnesota. "City Contribution" means the funds provided by the City to Target pursuant to Section 3.1(1). "City Council" means the City Council of the City. "City GranY' means the funds provided by the City to Target pursuant to Section 3.1(4). "City Resolution" means the resolution to be presented to the City Council to authorize, among other things, the execution, delivery and performance by the City of this Agreement. "Construction Plans" means the final site and construction plans for the Project in such form and detail as is customarily required by the City for review and issuance of necessary permits. "Event of DefaulY' means an action by any pariy listed in Sections 8.1 or 8.2 of this Agreement. "Final Payment Date" means December 31, 2012. "Memoranduxn of IntenY' means the Memorandum of Intent with an effective date of December 12, 2000 which was entered into by and between the Port Authority and Target with respect to the Project. "Open in Continuous Operation" means, subject to closure for a reasonable period of time as a result of force majeure, the Store has at least 132,700 squaze feet of retail space open to the public and operated in the manner consistent with the current standazds and practices in place with respect to the Dayton's and/or Mazshall Fields stores operated by Target within the State of Minnesota. During the period of remodeling (not to exceed 18 months), portions of the Store (not to exceed 35%) may be temporarily closed to the public and still be deemed Open in Continuous Operation. zoiosoioi Z 01-11+- "Port Authorit}�' means the Port Authority of the City of Saint Paul, Minnesota or any successor or assi�. "Preliminary Budget for the ProjecY' means the information set forth on E�ibit B. "ProjecY' means the renovarion of the downtown Saint Paul department store in the manner described in Section 4.1(1). "Project Area" means the azea included in the downtown redevelopment plan previously adopted by the City. "State" means the State of Minnesota. "Store" means the downtown Saint Paul retail store operated by Target, currently located on the block bounded by Sixth, Seventh, Cedaz and Wabasha Streets, including the existing parking ramp, and the renovations and modifications accompiished by the Project resulting in 132,700 squaze feet of retaii space consistent with current standards and practices in place with Dayton's and/or Marshall Fields stores operated by Target in Minnesota. "Tazget Project Costs" means the costs incurred by Target in connection with the Project, as more fully described in Section 4_l(2). "Unavoidable Dela�' means a forced delay in the performance of obligations which is the direct result of events beyond the control of the City or Target and without their fault or negligence and is caused by: (a) acts of God; (b) acts of the public enemy; (c) acts of the State, Federal, Regional and local Governments (other than the City), including the court systems thereof; (d) fire, floods, epidemics, quarantine reshictions, strikes, severe construction materials shortages, freight, embargoes, and unusually severe weather; (e) delays attributable to the presence of hazardous substances including petroleum and its byproducts, and including MPCA directives regarding environxnental remediation; ( fl delays attributable to items or structures of archeological or historical significance; (g) delays of subcontractors, or (h) delays due to damage, or desmxction of the Project. Unavoidable Delay does not include the unavailability of funds, letters of credit, payment and performance bonds, or credit enhancement for loans. "Zoning Ordinance" means that portion of the Code of Ordinances of the City, designated as such and as amended from time to time. zoioso��i 3 o�-��- ARTICLE 2. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS 2_1 R_pe resentations. Warranries and Undertakines by the Citv. The City represents and warrants that: (1) The City is a municipal corporation duly organized and existing under the laws of the State of Minnesota, and has entered into this Agreement and will perform and observe the covenants and agreements on its part contained herein. (2) The City Resolution has been duly adopted by the City in accordance with applicable procedural requirements and remains in full force and effect as of the date hereof. (3) The execution, delivery and performance of this Agreement by the City, does not and consummation of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not, conflict with or constitute on the part of the City a breach of or default under any existing (a) indenture, mortgage, deed of trust or other agreement or instrument to which the City is a party or by which it or any of its property is or may be bound, or (b) legislative act, constitution or other proceeding establishing or relating to the, establishment of the City or its officers or its resolutions. (4) There is not pending or to the best of the City's knowledge, threatened, any suit, action or proceeding against the City befare any court, arbitrator, administrative agency or other govemmental authority that materially and adversely affects the validity, as to the City, of any of the transactions contemplated hereby, the ability of the City to perform its obligations hereunder, or as contemplated hereby or thereby, or the validity or enforceability of this Agreement or the City Resolution. (5) No member of the City Council or officer of the City, has either a direct or indirect financial interest in this Agreement, nor will any member of the City Council or officer of the City, benefit financially from this Agreement within the meaning of Minnesota Statutes, Sections 4123I1 and 471.87. 2.2 R___pe resentations, Warranties and Undertakin�s bv Tar�et — Tazget represents and warrants that: (1) As of the date hereof: (a) Target is a corparation duly formed under the laws of the State of Minnesota and in good standing under the laws of the State of Minnesota. (b) There are no pending or threatened legal proceedings, of which Target has notice, contemplating the liquidation or dissolution of Tazget or threatening its existence, or seeking to restrain or enjoin the transactions zo�osoi�i 4 o�-��— contemplated by the Agreement, or quesrioning the authority of Target to execute and deliver this Agreement or the validity of this Agreement. (c) Target has been duly authorized to execute and deliver this Agreement. Tazget is not presently in violation of or default under any provision of this Agreement. (d) Neither the execurion and delivery of this Agreement, the consnmmation of the transactions contemplated hereby, nor the fuifillment of or compliance with the terms and conditions of this Agreement is prevented, lixnited by, conflicts with, or results in a breach of, the terms, conditions or provisions of any reshiction or any evidences of indebtedness, agreement or instrument of whatever nature to which Target is now a party or by which it is bound, or constitutes a default under any of the foregoing. (e) Target is not presently aware of any condition or fact which would prevent Target from carrying out and performing its obligations and agreements under this Agreement; provided that this representation does not extend to the performance by the City or other third parties not under TargeYs control, whose acts or approvals aze necessary in order that Target may perform its obligations and agreements. (2) Target or its successors and assigns wili construct the Project in accordance with the terms of this Agreement. (3) Target wili comply with all applicable local, state and federal environxnental laws and regulations, as they relate to the conshuction of the Project and the ownership and operation of the Store. (4) Target wiil obtaan, in a timely manner, ali required perxnits, licenses, and approvals, and will meet, in a timely manner, all requirements of all locai, state and federal laws and regulations which must be obtained or met before the Project may be lawfully undertaken. (5) Target will reasonably cooperate with the City with respect to any litigation commenced by third parties with respect to the Project. (6) Subject to the timely performance by the City of its obligations under Article 3, Target represents and warrants that it has adequate financial capability to and wili complete each of the activities or tasks required by this Agreement by the deadline for each specified on the Preliminary Budget and Schedule of Project, with a cost of not less than $20,000,000. (7) Target would not undertake the Project but for the execution of this Agreement. zoiosoi�t 5 oS.��- ARTICLE 3 CITY CONTRIBUTIONS 3.1 Citv Conhibutions. (1) Citv Contribution - General. In connection with the Project, the City shall conhibute to the economic development of the City and to the Project by paying to Target, as non-shareholder contributions to capital as defined in Section 118 of the Intemal Revenue Code of 1986, funds in the principal amount of $6,300,000, to be applied by Target to the payment of Target Project Costs. (2) Citv Contribution — Deliver�of Funds. The funds to be made available by the City pursuant to the City Contribution shall be delivered to Target as follows: (a) $3,000,000 of the City Contribution shall be delivered to Target contemporaneously with the execution of this Agreement, or at such later date as requested by Target in writing, within ten days after receipt of such request. (b) $1,650,000 upon re-opening to the public, after remodeling, of one floor of the three to be remodeled. (c) The remaining $1,650,000 of the City Contribution shall be delivered to Target upon receipt by the City of the Certificate of Completion required by Section 4.5 of this Agreement. (3) City Contribution — Re�ayment. In exchange far the non-shareholder contributions to capital by the City described in subsection (1), above, Target agrees to pay the City $630,000 on December 31, beginning December 31, 2003 and continuing on each December 31 until December 31, 2012, if the Store has not been Open in Continuous Operation for the preceding calendar year. In addition to the annual payments described in the preceding sentence, Target will pay the City $6,300,000 on the Final Payment Date if the Store has not been Open in Continuous Operation for the prior ten years. The obligations of Target to make the payxnents provided for in this Section 3.1(3) will be secured by a mortgage on the Store, a letter of credit or other collateral mutually acceptable to Target and the City. Such mortgage or other collateral shall be executed and/or delivered by Tazget to the City contemporaneousiy with the delivery of the first installment of the City Conh (4) City Grant - General. In addition to the contribution of funds provided in subsections (1) and (2), above, the City shall aiso provide Target with additional funds, as non-shareholder contributions to capital as defined in Section 118 ofthe Intemal Revenue of 1986, in an amount not to exceed $1,500,000, to reimburse Target for the payxnent of costs of asbestos removal necessary in connection with the Project, pursuant to a program for asbestos removal mutually agreeable to the Port Authority and Tazget. zoiosoi�i o�-�� (5) Citv Grant — Deliverv of Funds. To the extent Project Costs include the removal of asbestos, the City intends to fund the payment of amounts to be contributed towazd those costs from grants from the Metropolitan Council, ar any other applicable agency of government. To this end, Target agrees to provide the City with reasonabie informarion necessary to enable the City to make applicarion in May, 2001, for the necessary grants, and to cooperate with the City in such applications, as more fully provided in Secrion 4.4(2). Subject to the provisions of Section 4.4(2) beginning August 1, 2001, the City shall deliver City Grant funds to Target within 30 days after receipt of invoices and/or other information reasonably satisfactory to City to identify the costs that have been incurred by Target in the removal of asbestos and/or other hazardous materials, and in an amount of such costs, up to a total of $1,500,000. 3.2 Permits. The City shall use ail comxnercially reasonable efforts to help Target obtain any and all necessary perxnits or variances from the City, so that the Project, as approved pursuant to this Agreement and constructed, complies with all City code requirements. ARTICLE 4 CONSTRUCTION OF PROJECT 4.1 Construction of Project and Pavment of Proiect Costs (1) Target, at its sole cost and expense, shall renovate and refurbish the Store in a way that will result in the following modifications: (a) the aesthetic redesign of at least a portion of the existing faqade of the Store; (b) the removal and/or remediation (to the extent required by law, or to such other standard as is mutually agreed to) of any asbestos and other hazardous materials discovered in or at the portions of the Store which are part of the Project in accardance with all applicable laws, ordinances and approvals; (c) The redevelopment of the three middle floars of the Store in a way that results in a department stare containing at least 132,700 square feet of retail space available for use in a manner consistent with the current standards and practices in place with respect to Dayton's and/or Mazshall Fields stores operated by Target in Minnesota. The Project shall also include all f�tures and equipment and other infrastnxcture associated with such renovation. (2) Tazget shall be solely responsible for the Project, and the payment of ali costs incurred by Target in connection therewith, including, without limitation, capital costs, special assessments for improvements which relate to or result from the Project; removal and/or remediation (to the extent required by law) of any asbestos discovered in zoiosor�i � o�-�� or on the Project azea; and "soft" costs such as design and engineering, legal, consulting and project management costs, etc., provided that Target shall be entitled to reunburse itself for a portion of such costs from funds contributed by the City pursuant to Section 31(1) and (2). The expenses incurred by the City and the Port Authority in connecrion with the Project shali be the responsibility of the City and/or Port Authority, and shall not be paid by Tazget. A Preliminary Budget for the Project, showing the estimate of Target Project Costs is attached hereto as Eachibit B. (3) The total Target Project Costs shall not be less than $2Q000,000. 42 Project Desien Plans (1) Target will agree to participate in the City's design review process as to the exterior redesign of the building. The Project will be designed to reflect the design guidelines and the design principles in the Saint Paul on the Mississippi Development Framework. Target shall agree to cooperate and coordinate with the City, and offer the City an opportunity to review and comment upon the proposed exterior redesign. Notwithstanding the foregoing, the City acknowledges and agrees that, to keep the Project on the schedule contempiated by the parties, it is imperative that the design review process commence and conclude as soon as practicai after Target submits a proposed redesign to the City for review. (2) If at any time Target desires to make any change to the design pians a$er they have been finalized, such proposed changes (except for any changes to the interior of the Project that do not impact massing or exterior appearance) shall be submitted to the City and the City's design team for review and comment. 43 Final Site and Construction Plans (1) Target sha11 submit final site and Construction Plans for the construction of the Project to the City for its approval pursuant to applicable code and ordinance requirements. The Construction Plans shall conform to all applicable federal, state, and local laws, ordinances, rules and regulations. (2) If the Construction Plans aze not reasonably approved by the City, Target shall make such changes as the City may require to comply with the City's building code or Zoning Ordinance, provided the Target Project Costs reasonabiy estimated to be incurred because of such charges do not exceed five percent of the Target Project Costs estimated to be incurred prior to such changes. If the reasonably estimated costs to be incurred as a result of such changes exceed five percent, Target and the City shall negoriate such changes in good faith for a period of 30 days to attempt to reduce such incremental cost to within the five percent. Failing that, Target shali have the right to terminate this Agreement by written notice to the City and repayment of any payments made under Sections 3.1(1), (2), (4) or (5). zotosotvt g Ci-1��- 4.4 Commencement and Completion of Construction. (1) Subject to (a) Unavoidabie Delay and (b) timely performance by the City under this Agreement, Target will commence design work necessary on the Project no later than March 1, 2001. The Project will be substanrially completed no later than June 30, 2003. All work with respect to the Project to be constructed by Tazget shall be in substantiai confornuty with the Construction Plans relating thereto as submitted by Target and approved by the City. (2) Notwithstanding anything in this Agreement to the contrary, Target will exercise commercially reasonably efforts to provide the City with its work plan for the removal of asbestos and/or any other hazazdous materials by no later than April l, 2001, and will cooperate with the City to obtain the approval of the Minnesota Pollution Control Agency of that work plan. Tazget will further exercise commercially reasonable efforts to cooperate with the City with its plan to make an application(s) for grant funds to fund the City Grant, which applications wili be due no later than May 1, 2001. Target aclrnowledges that if these deadlines are not sarisfied, the funding contemplated by Section 31(4) will not be available untii the next six month cycle of the MPCA. 4.5 Ceftificate of Com in etion. - Promptly after complerion of construction of the Project, Tazget shall cause to be delivered to the City a certificate of substanrial completion by TargeYs architects, including verification by Target and its architects that the Project has been substantially completed in accordance with the Construction Pians relating thereto. 4.6 Restrictions and Requirements for Use — Target agrees for itself, its successors and permitted assigns, and every related lessee or sublessee of any interest in ar to the Project or any part thereof, that it shall: (1) Affirmative Action/Equal Op ortunity. With respect to construction of the Project, Target shall cause its contractors and subcontractors to comply with the requirements of Section 183.04 of the Saint Paul Legislarive Code and the Rules Goveming Affirmative Requirements in Employment adopted by the Saint Paul Human Rights Commission. TargeYs contactors and subcontractors shall meet the requirements of this subsection by meeting reasonable participation levels, in compliance with the statement of affirmative acrion/equal opportunity requirements attached hereto as Exhibit C and incorporated herein, and by providing all reasonably required information and reports demonstrating such compliance. (2) Labor Standazds. With respect to construction of the Project, the Target agrees to cause its contractors, subcontractors and lower tier subcontractors to comply with the requirements of Secrion 82.07 of the Saint Paul Administrative Code. TargeYs contractors and affected subcontractors shall meet the requirements of this subsection by compliance with the requirements set forth in Exhibit D attached hereto and incorporated herein. zo�osot�� 9 o�-��- (3) Vendor Outreach Pro�ram. With respect to construction of the Project, Target shail cause its contractors and subcontractors to comply with the City's Vendor Outreach Prograzn or equivalent thereof as required by Chapter 84 of the St. Paul Adminish Code. In entering into contracts and subcontracts for the Project, Target shall cause its contractors and subcontractors to meet the requirements of this subsection by compliance with the requirements set forth in Eachibit E hereto and incorporated herein. (4) Contract Documents. With respect to construcrion of the Project Target shall incorporate or cause to be incorporated in all construction contracts for the Froject to which they are a party the requirements of this Section 4.6 and to cause its contractors or prime contractors for the Project to incorporate these Section 4.6 requirements in all subcontracts, including contracts for purchase of materials, for the Project. (5) Livin¢ WaQe Covenants. In light of the long standing participation of Target in the City, both at the downtown Store and at other store locations, the City hereby waives the requirements of its living wage policy with respect to the operation of the Store and construction of the Proj ect. (6) Business Subsidv. The parties hereto agree, based on an opinion of counsel provided by the City, and because the Project involves the renovation of old building stock, the Project, and the City Contribution and City Grant made with respect to the Project, which total less than 50% of the Target Project Costs are exempt from the requirements of Minnesota's business subsidy law. (7) First Source. Target further agrees that, for the term of this Agreement, it will provide on a reasonabie basis the Ramsey County Workforce Development Staff with inforxnation regarding TargeYs employment needs at the Store, and will consider, in good faith, and in accordance with its standard procedures, any qualified individuals referred to Target by the City for available positions at the Store. (8) The undertakings set forth in subsections (1), (2), (3), and (4) of this Article 4.6 shall be in effect for the period from commencement of construction of the Project through the submission of the certificate of substantial completion required by Articie 4.5 of this Agreement, and shall terminate upon Target's compliance with Article 4.5. By performing its undertakings in this Article 4.6, Target will fully and completely satisfy any and all obligations imposed on it by Sections 82, 84 and 183 of the St. Paul Code and any rules and regulations thereunder as a result of TargeYs execution of this Agreement and its participation in the Project. The parties agree that Target has no obligarions under Sections 82, 84, and 183 of the St. Paul Code or the rules and regulations thereunder as a result of TargeYs execution of this Agreement and its participation in the Project except as specifically set forth in this Agreement. (9) The parties hereby agcee that, for purposes of the requirements this Agreement, there is no sepazation between skilled and unskilled labor. zoiosoi�� 10 O1- il?- 4.7 Addirional Resnonsibilities of Tar�et . (1) Target will not construct any buiiding or other structures or improvements on, over, or within the boundary lines of any public utility easement unless such construction is provided for in such easement or has been approved by the utility involved. (2) Target will be responsible far the payment of all sewer availability charges with respect to the Project including all SAC or WAC chazges that may be assessed. The City will neither be responsible for nor bear any portion of the cost of installing the necessary utility connections between the Project and the public utilities. (3) Target, at its own expense, will replace or repair any operative public facilities and public utilities damaged as a resuit of the construction of the Project, to their condition immediately preceding such damage, and in accordance with the technical specifications, standards and practices of the owners thereof. (4) Target will be responsible for the payment of all required application fees for zoning, site plan review and approval, and construction plan review and approval. 4.8 SiQnaee - Credit, Acl�owledpanents and Norices - If construction signage is erected at the Project, Tazget shall, prior to the commencement of construction, at its own expense, erect a sign of reasonable size in a prominent position on the Project indicating to the general public the name of the Project and acknowledging the participation of the City. Target shall also give reasonable notice to the City of ground breaking, opening ceremonies and like events so the City may obtain publicity of and participation in such events. Tazget agrees to assist and cooperate in and with such publicity and participation. Target further agrees that the City shall also have the right to issue press releases concerning the Project, provided that all such press releases shall be subject to prior review and approval by Target. 4.9 No Assessment A�eement. No assessment agreement providing for an agreed assessed value or a minimum tax payment for the downtown Store will be required from Target, and nothing contained in this Agreement shall limit or restrict the ability of Target to challenge or reduce the real estate taaces or special assessments payable on the Store. zoioso��i 11 o � -��- ARTICLE 5. CASUALTY 51 Casual - Target will promptly notify the City in the case of damage or destruction of the Store or any portion thereof, including the Project resulting from fire or other casualty. If the Stare is closed as a result of such damage or destruction, and is not repaired and re-opened after a reasonable period of time, the Store will be deemed not to be Open in Continuous Operation for purposes of Secrion 3.1(3). Notwithstanding any provision of this Agreement, if the damage or deshuction occurs within the last 18 months prior to the Final Payment Date, and Target chooses not to rebuild and re-open the Store, the payment which will be due from Target under the second sentence of Section 3.1(3) on the Final Payment Date will be equal to $6,300,000 rimes a fraction the numerator of which is the number of months remaining between the date on the Store's closure (up to a maacimum of 18) and the denominator of which is 120. zatosoivi 12 61- �\�-- ARTICLE 6. ASSIGNMENT AND TRANSFER 6.1 Transfer and Assienruent. (1) Target represents and agrees that, in connection with any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Store or any part thereof or any interest therein, or any contract or agreement to do any of the same except by way of security for, and only for, the purpose of obtaining fmancing necessary to enable Tazget or any successor in interest to the Store, or any part thereof, to perform its obligations with respect to constructing the Project under the Agreement, any proposed transferee shall expressly assume all of the obligations of Target under this Agreement and agree to be subject to all the conditions and restrictions to which Target is subject, by instruxnent in writing reasonably satisfactory to the City. For purposes of this requirement, it is agreed that the transferee must specifically acknowledge the requirement of Section 3.1(3). The fact that any transferee of, or any other successor in interest whatsoever to, the Store, or any part thereof, shall not have assuxned such obligations or so agreed, for whatever reason, shall not relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or conirols with respect to the Project ar the construction of the Project thereon. It is the intent of this Articie 6 together with other provisions of this Agreement that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Store or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Store and the construction of the Project thereon that City would have had, had there been no such transfer or change; (2) In the absence of the specific written agreement by the City to the contrary, no such transfer (whether ar not approved by the City) shali be deemed to relieve Target, or any other party bound in any way by this Agreement or otherwise, with respect to the construction of the Project or the payment of amounts due hereunder, from any of its obligations with respect thereto. (3) Notwithstanding the foregoing provisions of this Section 6.2, Target may sell, transfer, assign or convey this Agreement and/or the Project to an"Affiliate" of Target. For purposes of this provision, the term "Affiliate" means with respect to any party (a) any corporation, partnership, limited liability company or other business entity or person controliing, controlled by or under common control with such party, and (b) any successor to such party (ar to any Affiliate of such party, as long as the requirements of clause (a) continue to be met) by merger, acquisition, reorganization or similar transaction invoiving all or substantially all of the assets of such party (or such Affiliate). zoioso��t 13 o�-�� For purposes hereof, "controlling," "controlled b}�' and "under common control with" shall mean, with respect to any corporation, partnership, lunited liability company or other business enrity, the possession, directly or indirectly, of the power to direct or cause the direction of management policies of such enrity, whether through ownership of voting securities or otherwise. 62 Sublettine/I,icensing. Notwithstanding the foregoing, no sublessees or licensees of Target shall be required to comply with or assume the obligations of Target under this Agreement, provided such sublessees or licensees operate departments within the Store. Spaces which aze operated as retaii space under subleases and/or licenses shall be included in determining whether those parts of the Store aze Open in Continuous Operation. zoiosoi�� 14 o�-��— ARTICLE 7. EVENTS OF DEFAULT 7.1 Events of Default Defined - The following shall be "Events of Default" under this Agreement and the term "Event of DefaulY' shail mean, whenever it is used in this Agreement (unless the context otherwise provides}, any one or more of the foliowing events: (i) Failure by Target to observe and perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, within 30 days after written notice to Target specifying such failure and requesting that it be remedied (or within such other period as otherwise expressiy provided in this Agreement), or within such further period of time as is reasonably necessary to cure such failure, but only if Target has within 30 days provided the City with assurances deemed adequate by the City that Target will cure the failure as soon as is reasonably possible. (2) Failure by the City to observe and perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, within 30 days after written notice to the City specifying such failure and requesting that it be remedied (or within such other period as otherwise expressly provided in this Agreement), ar within such fitrther period of time as is reasonably necessary to cure such failure, but only if the City has within 30 days provided Target with assurances deemed adequate by Target that it will cure the failure as soon as reasonably possible. 7.2 Citv Remedies on Default - Whenever any Event of Default occurs, the non- defaulting party may take any one or more of the following actions: (1) Suspend performance under tkus Agreement until it receives assurances from the defaulting party, deemed adequate by the non-defaulring party, that the defaulting party will cure the default and continue its performance under this Agreement. (2) Take whatever action at law or in equity may appear necessary or desirable to the non-defaulting party to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, ageement, or covenant of the defaulting party under this Agreement. 73 No Remedv Exclusive - No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy ar remedies unless otherwise expressly stated, but each and every such remedy shall be cuxnulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right ar power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other than such notice as may be required in this Article 7. zoioso�� 15 01 7.4 No Addirional Waiver Im�lied bv One Waiver - If any agreement contained in this Agreement should be breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 7.5 Reimbursement of Attomeys' Fees. If either party to this Agreement shall default under any of the provisions of this Agreement, and the other parly shall employ attomeys or incur other reasonable expenses for the coliecrion of payments due hereunder, or for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting pariy contained in this Agreement, the defaulting party will on demand therefore reimburse the other party for the reasonabie fees of such attorneys and such other reasonable expenses so incurred. zoiosoi�i , 16 � t- �\'� ARTICLE 8. ADDITIONAL PROVISIONS 8.1 No Partnershiv - Nothing herein shali be construed to create a parinership or joint venture between or among Tazget and the City, nor shall anythiug herein be construed to create a fiduciary relationship between the Parties as to any activity described herein. 8.2 Conflicts of Interest - No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, parinership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to Target, any successor in interest, in the event of any defauit or breach by the City, or for any amount which may become due to Target, successor or on any obligations under the terms of this Agreement. No employee of Tazget shall be personally liable to the City in the event of any default or breach by Target or for any amount which may become due to the City or its successors, or on any obligations under the terms of this Agreement. 83 Indemnification Target will pay, and will indemnify and save the Port Authority and the City, their agents, officers and employees, harmless from and against all liabilities, losses, damages, causes of action, suits, claims, demands, and judgxnents of any nature including reasonable attorneys' fees, because of bodily injuries to, or death of, any person and because of damages to property, including loss of use from any cause whatsoever, arising out of, incidentai to, or in connection with the use, nonuse, ownership, condition, or occupancy of the Stare, or with the construction or operation of the Project, due to any acts of omission or commission, including negligence, of Target, or any contractor or their employees or agents; provided, however, that TargeYs oblagations shall not extend to any cause of action arising out of or relating to any act of omission ar commission of the Port Authority or the City, their officers, employees, or agents. TargeYs liability hereunder shall not be limited to the extent of insurance carried by or provided by Target or subject to any exclusions from coverage in any insurance policy. 8.4 No Environmental Indemnification. The City makes no warranties or representations regarding, nor does it indemnify Target with respect to, the existence or nonexistence on or in the vicinity of the Store any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyis, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous substance as defined in the Comprehensive Environxnental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 961-9657, as amended) (collecrively, the "Hazazdous Substances"). The foregoing disclaimer relates to any Hazardous Substance allegedly generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on or in the vicinity of the Project Area, as well as any activity clauned to have been undertaken on or in the vicinity of the Project Area that would cause or coniribute to causing (1) the Project Area to zoiosoi�� i� �1—�\} become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Project Area within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. § 691 et s�., or any sunilar state law or local ordinance, (2) a release or threatened release of toxic or hazazdous wastes or substances, pollutants or contatninants, from the Project Area within the meaning of, or otherwise bring any Project Area within the ambit of, CERCLA, or any similar state law or local ordinance, or (3) the dischazge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a pemut under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et se . or the Clean Air Act, 42 U.S.C. § 741 et sea•' or any sunilar state law or local ordinance. Further, the City makes no warranties or representations regarding, nor does the City indemnify Target with respect to, the existence or nonexistence on or in the vicinity of the Project Area of any substances or conditions in or on the Project Area that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environxnental Response and Liability Act, Minnesota Statutes, Chapter 115B ("MERLA"), and the Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 115C. The City makes no representations or warranties regarding the existence of any above ground or underground tanks in or about the Project Area, or whether any above or underground tanks have been located under, in or about the Project Area and have subsequently been removed or filled 8.5 Titles of Articles and Sections - Any titles of the several parts, articles, and sections of this Agreement are inserted far convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 8.6 Notices and Demands - Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this A� by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of Target is addressed to or delivered personally to Target at: ATTN: Target Corparation Property Development, 1000 Nicollet Mall, Minneapolis, MN 55403, Attn: Property Administration; (2) in the case of the City, is addressed to or delivered personally to the City, AT1`N: at City Hall Annex, 25 West Fourth Street, Saint Paul, Minnesota 55102 with a copy to the Office of the City Attorney, 400 City Hall, Saint Paul, Minnesota 55102; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forwazd to the other as provided in this secrion. 8.7 Counter�arts - This A�eement is executed in any number of counterparts, each of which shall constitute one and the same instrument. zoiosm�i 18 o�-�� 8.8 Entire Aazeement - T'his written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreement including, but not limited to the Memorandum of Intent. 8.9 Annrovals - Wherever in this Agreement the consent, satisfacrion or approval of any party hereto is required, necessary or requested, such consent, satisfaction or approval shall not be unzeasonably withheld or unduly delayed. 8.10 Unavoidable Delav - The representations, warranties, covenants, performance requirements, and undertakings of each of the parties to this Agreement aze subject to and may be delayed by Unavoidable Delay. 8.11 Termination (1) Except as provided in subsection (2), below, upon delivery to the City of certificates of substantial completion for the entire Project, this Agreement shall terminate and be of no further force and effect. (2) Notwithstanding the provisions of subsecrion (1), above, the following provisions of this Agreement shall survive the terminarion effected under subsecrion (1), and shall continue in effect until the date on which a11 payments due under Section 3.l (3) have been fully paid, forgiven or waived: (a) Section 2.1 — Representations, Warrailties and Undertakings by the City. (b) Section 2.2 — Representations, Warranties and Undertakings by Target. (c) Section 3.1(3) — City Contribution — Repayxnent. (d) Section 4.6 — Restrictions and Requirements for Use. (e) Section 4.7 — Additional Responsibilities of Target. (f� Section 4.9 — No Assessment Agreement. (g) Article 6- Assignment and Transfer (h) Article 9 with respect to additional provisions. 812 Texm - Except as provided in Section 8.11, above, the term of tkus Agreement shall be from the day and yeaz first above written until the date on which all payments due under Section 3.1(3) have been fuliy paid, forgiven or waived. zmosorv� 19 o�-►►�-- 8.13 Mediarion — All claims, disputes or other matters in question between the parties to this A�eement arising out of or relating to this Agreement or breach thereof, shall be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties aze unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similaz person, to select a person from its list of qualified neutrals. The mediation shall be attended by employees or agents or each party having authority to settle the dispute. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defenses based on the passage of time are toiled while the mediation procedures are pending, and for a period of 30 days thereafter. 8.14 Venue — All matters, whether sounding in tort or in contract, relating to the validity, construction, performance, or enforcement of this Agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota, and Target agree that all legal actions initiated by Tazget with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued exclusively in the State of Minnesota, Ramsey County, District Court. [SIGNATURE PAGES FOLLOW] zoio3oi�� 20 o�-�i�- IN WITNESS WfIEREOF, the Parties have caused this Agreement to be duly executed in their names and behalf on or as of the date first above written. Approved as to Form Attomey CTTY OF SAINT PAUL By: Its: [Signature Page to Redevelopment Agreement by and among the the City of Saint Paul, Minnesota and Target Corporation] 2010301v1 1966598v1 .S-1 o� _ i r�-- TARGET CORPORATION � 2010301v1 1966598v1 [Signature Page to Redevelopment Agreement by and among the the City of Saint Paul, Minnesota and Target Corporafion] S-2 Ot-1��- r��:3�i� [Reserved] zo�o3ot„i A-1 o�-»� EXHIBIT B Preliminary BudQet AT'I'ACHED zmosoi�i g_I <� DAYTON'S ST. PAUL REMODEI. �UDGET BREAKDOWN [kscn tion , terior Remodet ' Incladed in the remodel are all new flooring maxerials, dcywall & acoustical ceilings, upgraded light levels, paint & waifcoveriug, lilso incocporated into the remodel will be updated restrooms, Deti Foods, Candy end Starbucks Coffee Shops. ]F�xisring Parking Ramp Upgrade Includes paint and lighting upgrades to improve appearauce and function. Bud¢et $16,923,OOQ $456,000 lqzterior Improvemeats 51,571,000 Inciudes new e�rance canopies on the Wabasha Street Entrances with new building signs to reptace existing sigoage. Exterior brick cleaning and necessary tuckpointing repairs aze also Included. �sbestos Abatement ' Includes demolirion and abatement of materials as identified by the Tazget Environmental Group Tatai Project Badget 51.500.000 520,452,OQ0 o�-i��- dt-1��- EXHTBIT C Affinnative Action/Equal Opporhmitv Requirements ATTACHED zoio�m�i • C-1 DEPARTNIENT OF HUMAN RIGHTS W. H. Tyrone Terrill, Director CIT'Y OF SAINT PAUL Nornt Coleman, Mayor 900 City Haf! Telephone: IS iV. KelloggBoulevard Facsimile: Saint Paul, M•W S.i102-1681 TDD: 01-1�i- 6�1-266-8966 651-266-8963 651-266-8977 AFFIRI�IATIVE ACTION/EQUAL EMPLOYMEI�IT OPPORTUARTY REQUIREMENTS CONSTRUCTION CONTRACTS Section 183.04 of the Saint Paul Legislatice Code (Human Rights Ordinance) and the Rules Governing Affirmative Requirements in Employment set forth the �rma6ve Acflon Requiremencs w•hich aze to lx incocporated into and made a part of every conuact entered into by the City of Saint Paul. These documents aze acailable on the Saint Paul Human Righu DepartmenPs Web Site x�c ci.sroaul.mn.w:dents/lmmanri,hts/, at the DepartmenPs office at 900 City Hall, Saint Paul, Minnesota, or by caliing the Department at (651) 7b6-8966. T'he Saint Paul Department of Human Rights is responsible for monitoring the Contract Compliance Prognm to deteanine whether or not persons or firms doing business with the City are mmptying with Szciion 183.Od of the Human Rights Ordinance and the Rules. As stated in Secflon 183.04, the contractor will not discriminate against any emplo}�ee or applicant for employmzn[ because of race, creed, religion, sex, se�w�l or affectional orientation, color, national"origin, ancestry•, familial status, agz, disability, macital status or status with regard ro public assistance. Employers who con[ract with the Ciry of Sain[ Paul mus[ do more [han merely avoid discriminatory practices. They must adopt and implement affirmatice action programs to employ �•omen, minocities, and people �tith disabilities. The contractor must also include the Afficmatice Action provisions of the Human Rights Ordinance and the Rules in every subcontract, purehaze order, or agreement �rith any subcontractor (including material suppliers and subconuactocs who enter into a contract with another subcontraMOr or material supplier), «ith stipulations tk�at [he subcontraMOr is bound by the temu thereof. A contractor's good faith affirmative acaon efforts in the emplo}'ment of a•omen, minorities, and people with disabilities �tiill be taken into wnsidecaaon in the a�Yarding of a cantract. It is the contractor's responsbility to become famitiar and comply with the City's requirements and to ensure that their subcontractors compl}� with them. AFFIRMATIVE ACT'ION PROGRAM REGISTRATION Every contracior or subcontractor whose total accumulated contract or subcontract anards from the Ciry of Saint Paul ocer the preceding vxelve months has ezceeded 550,000 must complete and submit to the Department an Affirmatic•e Acdon Program Registraflon, throu�h whieh the contractor certifies it has deceloped and is implemenfing an effecfice Affirmatice Action Program, substan6ally similaz to the DepartmenPs Modzl Affirmative Action Program for Consuucdon Contractors, �ciuch shall include hiring g�als for the employznent of �comen and minorities in the contractor's office and construcaon �rrorl�'orces. Once the �nnative Acdon Program Registrauon form is compieted and accepted by the Saint Paui Human Rights Department, the conuactoc ��ill be notified by letter. The Regisuation is calid for bvo (2) years. At the end of the rn•o-year period, the conuactor must complete and submit a new Registration form. A Model �rmative Acdon Pro¢ram is available from the Saint Paul Human Ri¢hts Denartment on their Web Paee or bv call (6511266 8966 A Model Modified Affirmatice Aaion Proetam is aFailable for contractors r�ith rir�enn (201 or fec�•er emolo�•ees. M�rtnati�'e A�tio�y Equat Oppurtunity Employer Affirmativc Action Requircments Continucd Pagc 2 Q�' �� Contractors, subcontractors, and major material suppliers are also required ro submit to the Saint Paul Department of Auman Rights all of their job openings in the eleven (11) rnunty Minneapolis/Saint Paul Metropolitan Statistical Area (Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherbume, Washington, Wright) and Pierce and St. CroiY, W isconsin rnunues) when they are posted or advertised. The job openings may be fa�ed to the DepaRment at (651) 266-8962 using the Department's Job Opening Fax Memo form. CONSTRUCTION PROJECT GOALS AFD REOUIRED DOCUMENTATION: The empioyment utilization goa(s for consfruction projects are: 9.4% Femaie skilled plus unskilled work 6ours, 14.3% Minority sl:illed ptus semi-s1:illed craft hours, and 15.4% Minority unskit{ed laborer hours. Contractors must actively demonstrate their good faith efforts to meet or ezceed these goals. CONSTRUCTION CONTRACTORS AA'D SUBCONTRACTORS WILL ALSO BE REOUIItED TO SUBMTT THE IDENT'IFICATION OF PRIIvfE CONTRACTORS AND SUBCONTRACTORS - FORM CPF-3 The Identification of Prime Conuactors, Subcontractors, and Major Material Suppliers form must include all lower tier subcontraciors and material suppliers. The names, addresses, telephone numbers, start date, completion date and natura of work musfbe listed for the prime contractor, u well as all subcontractors (including all major material supplien). The Iden�cation of Prime Contractors, Subcontractors, and Major Material Suppliers form must be submitted prior to the start of consuuction and updated as new subcontractors aze added. PAYROLL REPORTS OR MONTHI,Y EMPLOYMENT ilTIUIZATION REPORTS The contractor and all subcontractors actually performing work on a wnstruction project must submit weekly payzoll records ("Modified" Federal Form WH-347) and must include ali of the information requested on this form. Computerized Payroll Reports may be substituted if they include all of the infocmadon on the "Modified" Form WH-347. PayT011 records aze to be submitted seven (7) days following the end of each payroll period. Contractors on certain spec�ed non-federally funded consuuction projecu may be allo«•ed to submit MonUily Employment Utiliza6on Reports (MEin in lieu of the weekly payroll reports. MEU Reports aze to be submitted seven (7) days following the end of each month. The repocting requirement will be announced at the Preconstruction or Project Ufili�afion Conference. ' WEEKLY REPORT OF SUBCONT'RACTORS ON 70B SITE For specified projects, these reports should be completed by the project foreman and submitted along with the weekly paproll records or the monthly employmen[ utilization repocts. EQUAI. £MPLOYMENT OPPORTi3NITY POSTERS must be posted at the consiruction site and also in the offices of the contractor and all subcontractors. These posters can be obtained from ihe Saint Paul Human Rights Departmenc PRECONSTRUCTION OR PROJECT UTII.iZATION CONFERENCE After the rnntract has been awarded, but before const:uction begins, the developer and prime contractor and all subcontrac[ors that Y�ace been selected to cvork on the project will be required to meet (at a Pieconstruction Conference or Project Utilization Conference) tivith the Human Ftights Specialist that has been azsigned to monitor the projecc This coaference will be held to discuss the udlization goals for minoriry and female skilled and unskilled workers, how the goals will be met, and any problems that ma}� affect the project's ability to achieve the goals. qn Afl'umative Accioq Equal Opportunity Employcr pffirmati�c Action Requirements Continucd Pagc 3 �1-11�- The prime contraaor and each subcontractor «�tl complete and submit to the Human RighGS Specialist the Project Empioyment Utilizadan foan (PEU) indicating the Totat Number of Project Work Hours they anticipate it will take to complete their por[ion of the work on the consttuction project, the Total Female Work Hours, Total Skilled Work Hours, Total Minority Skilled Work Houn, Total Unskilled Work Hours, and the To[al Minoriry Unskilted Work Hours. The cantractor and subcontracton must indiqte on the bottom of the PEU form how they will meet the goals, through their intemal work force or by hiring addiflonal empioyees. If they are unable to meet the goals they must indicate the reason of the bottom of the PEU form and include the name, job tide, race, gender and hire date for all current employees in the job categories which will be used on this project. These forms must be submitted to this office as near to the start of the project as possible for as many subcontractors as you have hired. They must also be submitted as }�ou hire additional subcontractors ducing the project. The developzr and prime contractor has the contractual responsibilin to ensure that the project achieces the utilizadon goals. However, each subcontractor that the prime contractor hires to work on the projut must azsist the prime contraMOr to meet the gmject's goals. ConsequenUy, each subcontractor is also required to achieve or make every good faith effort to achieve the respecflve utilization goals in proportion to [he number of consttuc8on hours they anucipate i[ will take to complete their portion of the construction. Once the project has begun, the Human Rights Department staff will conduct periodic on-site inspections at the project site in order to verify [he employment of minority and female employees. CONTRACTOR CObiPLL�.NCE REV[EWS: The Human Rights Department staff �rill monitor the contractor's and subcontractors' affirmative action efforts and results. On-Site Compliance Re��ews will be conducted on the �vork force of contractors, their subconuactors and material supplien ttiat enter into contractual agreements w�th the City of Saint Paul. The purpose of the review is to determine the eontiactors' compliance with the �ules, regulalions and orders of Section 183.01 of the Human Rights Ordinance. On-site reviews include, but aze not limited ro, re�ie«ing thz implementation of the wntractor's Affi�mative Action Program, personr.el polici:s and procedures. Contrac[ors and subcontractors maq be required to provide addi[ional documentauon in ordzr to determine whether or not they aze making measurable improvements in the turing of minority, female and disabled penons, includino, but not limited to: 1. Good Faith EffoRS Questionnaire 2. Applicant Flow Data 3. Employee Turnocer Data 4. Documen[ation Supporting Dissemination and Implementation of EEO/AA Policies. 5. Documentation Supporting Recniitment Effocts. Failure to comply �rzth any' of tlie requirements set forth above is sufficient grounds for disciplinary or remedial actions pro�ided for under Article IV of the Rules; namelc: 1. Termination of the contraa; 2. Suspension of the contract until corrective steps aze taken; 3. Conanuaaon of the contract subject to the imposirion of conditions to correct the noncompliance; 4. Declaration that the contractor shall be ineligible to bid on future contracts either permanently or for a stated time; or 5. A combination of Ihe above. It is imperative that contractors ��'ho are bein; considered for contracts of 550,000 or more contact the Human Rights Depactment to obtain cogies of the requirements and documents in order to expedite the Affirmative Action reciewing process. If you have any questions, please contac[ a Human Rights Specialist at (651) 266-8966. Effecflce Q 1101/Ol M Affumative A�.tio�4 Equal Opportunity En+ployn DEPARTMENT OF HUMAN RIGHTS W. H. Tyrone Tertill, Director b1-11�— SAINi TAU L � AAAII CITY OF SA1NT PAUL Norm Coleman, Mayor AFFIRNIATIVE ACTION/EQUAL EbSPLOYMENT OPPORTUNTTY CONTRACT SPECIFICATIO�tS These AFFIRMATIVE ACTION/EQUALEMPLOYMENT OPPORTiJNITY CONTRACT SPECIFICATIONS shall apply to all _contractors on all City contracts. Contractors shall include these specifications in all lower tier contracts on all City contracts. 900 Ciry Hall Te(ephone: 15 W: Kellogg Boulevard Facsimile: Saint Pau[, MN 35102-1681 TDD: 651-266-8966 651-266-8962 651-2b6-8977 Every contractor or subcontractor whose total accumulated contract awards from the City of Saint Paul over the preceding twelve months has exceeded $50,000 must complete and submit to the Department an �rmative Action Program Registration form, through with the contractor ceRifies it has developed and is implementing an effective Affirmative Action Program substantiatly similar to the DepartmenYs Model Affirmative Action Program. Once the Affirmative Action Program RegisTration is completed and accepted by the Saint Paul HumanRights Department, the contractor will be notified by letter. Registration is valid for two (2) years, during which time the contractor may be selected for a compliance review. At the end of the two-year period, the contractor must complete and submit a new Registration form. 2, The contractor shail imQiement the specific equal emptoyment opportunity/affirmative action provisions outlined in paragraphs 3(A) to 3(G) of these Specifications and ai! the provisions of their Affirmative Action Plan. 3. The contractor shall take specific action to ensure equal emp(oyment opportunity. The evaluation of the contractor's compliance with these specifications must be based upon its effort to achieve maximum resuits from its actions. The contractor shall document these effoRS fully and shall implement affirmative action steps at least as extensive as the following: A. The contractor shall designate a responsible official to monitor the employment related activiry to ensure that the contractor's equal employment opportunity policy and Affirmative Action Plan are being implemented, to keep appropriate records, and to submit reports relating to ti�e pro�isions hereof as may be required by the Saint Paul Human Rights Department. B. Nfake every good faith effort to maintain a workin� environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor shall specifically ensure that all Lead supervisors, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities, w�omen, and individuals with disabilities �vorking at such sites or in such facilities. M�mutive Action, Equal Opportunity Empby'a Page 1 of 4 o►. ��-- C. Establish and maintain a face-to-face relationship. with recruitment sources for minorities, women, and individuals with disabilities. Document meetings and telephone contacts involved in such. Provide written notification to recruitment sources for minorities, women, and individuals with disabilities and to community organizations when the contractor or its unions have employment opportunities availabie, and maintain a record ofthe organizations' responses. D. Disseminate the contractor's equal employment opportunity and affirmative action (EEO/AA) policy by providing a copy ofthe policy to all applicable unions and training programs. Request the cooperation of unions and training programs in assisting the contractor in meeting its equal empioyment opportunity obiigations. Include the EEO/AA policy in all policy manuals and collective bargaining agreements. Publicize the EEO/AA policy in the company newspaper or annual report. Review the policy with all employees, including management personnel at least once a year. Post the EEO/AA policy on bulletin boards or other places accessible to ail employees at each location where work is performed. Distribute the EEO/AA policy to all employees, including temporary, seasonal, and part-time employees and to all independent contractors. E. Review, at least annualiy, the contractor's equal employment opportunity policy and affirmative action obligations with ali emp(oyees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions. A written record shall be made and maintained identifying the time and place ofthese meetings, persons attending, subject matter discussed, and disposition of the subject matter. F. Direct its recruitment effoRs, both oral and written, to community organizations oriented toward minorities, women, and individuals with disabilities, to schools with significant numbers ofstudents �vho are minorities, women, and individuals with disabilities, and to recruitment and training organizations oriented toward minorities, women, and individuaks with disabilities secving the contractor's recruitment area and employment needs. G. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have discriminatory effect. Continually monitor all personnel and employment related activities to ensure that the equal employment opportunity policy and the contractor's obligations under these specifications are being carried out. 4. The contractor, in fulfiliin� its obli�ations under these Specifications, shall implement spec�c affirmative action steps, at least as extensive as those standards prescribed inparagraph3(A} to 3(G} herein, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of Section 183 of the Saint Paul Legislative Code, its implementing rules, or these Specifications, the Director may proceed with appropriate sanctions, inciuding: suspension, teanination, and canceliation of existing contracts. 5. The contractor shall not enter into any contract �vith any person or firm debarred from govemment contracts under section 183 of the Saint Paul Legislative Code, Chapter 139 of the Minneapolis Ordinances, the federal Executive Order 11246, or whose state certificate of compliance has been suspended or revoked pursuant to hlinnesota Statutes, Section 363.073. M pffumatirc Actioq Equal Opportunity Employer Page 2 of 4 o�-��s- 6. Thecontractorshallimplementsuchsanctionsforsubcontractors'violationsoftheseSpecifications, including: suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Section 183 ofthe Saint Paul Legislative Code and its implementing rules. Any contractor who fails to implement such sanctions shall be in violation of these Specifications and Section 183 ofthe Code. SUPPLEMENTAL CITY EQUAL EMPLOYMENT OPPORTUIVTTY/AFFII2MATIVE ACTIO\' CONTRACT SPECIFICATIONS FOR CONSTRUCTION CON"I`RACTS 7. The following Supplemental EEO/AA Specifications shall appiy to atl contracts for construction work on all City-assisted contracts. Ail contractors shall include these Supplemental EEO/AA Specifications for construction contracts in all lower tier contracts for construction work. 8. The goals set foRh be(ow for City-assisted construction projects of $50,000 or more are expressed as a percentage of the total hours of employment of minority and female utilization the contractor shatl reasonably be able to aclueve in the construction trade. Separate goals for skilled minorities, unskilled minorities, and for women (skilled and unskilled) have been established: Women - 9.4% of all project work hours. Minority Skilled - 143% of all skilled project work hours. Minority Llnskilled - 15.4% of ail unskilled project work hours. 9. After the contract has been awarded, but before construction begins, all contractors that have been selected to work on the project will be required to meet in a Pre-Construction Conference with the Human Rights Specialist that has been assigned to monitor the project. This conference will be held to discuss theutilization goals for minority and women, skilled and unskilled workers, how the goals will be met, and any problems that may affect the project's ability to achieve the goals. 10. Every contractor must submit the Identification of Prime Contractors, Subcontractors and Major Material SupplierForm (CPF-3). The names, addresses, telephone numbers, start date, completion date and nature of work must be Visted for the contractoc, as well as all lower tier contractors (including material suppiiers). 11. All contractors must complete and submit to the Human Rights Specialist the Project Employment Utilization (PEin form indicatin� the total number of project work hours they anticipate it will take to complete their portion of the work on the construction project, the total womenwork hours, total skilled work hours, total minority skilled work hours, total unskilled work hours, and the total minority unskilled work hours. All contractors must indicate on the bottom of the PEU form ifthey will meet the goals throu�h their intemal work force or by hiring additional employees. If they are unable to meet the goals they must indicate the reason at the bottom of the PEU form. These forms must be submitted to the Saint Paul Department of Human Ri�hts before the start of the project. qn AH'umativc Actioq Equal Opportunity Empbyer Page 3 of 4 61 —1��— 12. All contractors actually performing work on a construction project must submit weekly payroll records (Department modified Federal Form WH-347) on a timely basis and must include all ofthe information requested on this form. Computerized Payroll Reports may be substituted if they include all ofthe information on the modified Form WH-347.Contractors on specified non-federally funded construction projects may be allowed to submit Monthly Employment Utilization (MEU} Reports on a timely basis in lieu ofthe weekly payroll reports. Contractors shall keep said paycolls records for three years. 13. Should the contractor fail to make every good faith effort to meet the goals for participation of women and minodties set forth in these Specifications, the Director may take appropriate measures to sanction said contractor pursuant to these specifications and Section 183 of the Saint Paul Legislative Code. Effective 7anuary 1, 2001 M Afl¢ma[ive Actioq Equal Opportunity Employa Page 4 of 4 �:ii: � Labor Standards Required bv Saint Paul Administrative Code ATTACHED Ot -\1'�- zoio3oi�i D-1 LITTLE DAVIS-BACON LABOR STANDARDS FACT SHEET a , _,,,.... ♦ For applicable contracts of $10,000 or more funded with locallCity dollazs, all laborers and mechanics working on the job site must be paid weekly prevailing rates (including fringe benefits). ♦ Post Prevailing Rates Schedule and "Notice to All Employees" on the job site in a highly visible location. ♦ Payroll reports must be made available upon request to the designated labor standuds conVact administrator. All timekeeping records (including timecards, work logs, payroll checks and stubs, etc.) must be kept on file for a period of two (2) years after project closeout, and an original signature Statement of Compliance (WH-348) must be attached. Wage rates for bona fide self-employed owners and partnerships , and foremen (if spending less than 20% of their work hours with tools) need not be included; only list work classification and hours worked. Owners, officers, shareholders of a corporation are considered emptoyees and if working on the project site are to be Qaid the prevailing wage, inciuding fringe benefits, and all wage informafion is to be included on the payroll form. Identify the person(s) authorized to sign the payrolls on the Contractor Profile form. Computerized payrolls may be used if they include the same information requested on the payroll instruction form. ♦ For all work over eight (8) per day or 40 hours per week, overtime is paid at a rate of time-and-one-half the base pay rate pius a rate one time the fringe benefit amount identified. ♦ Apprentices/trainees can work at a lesser rate of pay if participating in a bona fide apprenticeshipltraining program. Attach a copy of the Apprenticeship Agreement to the payroll report on which the apprentice first appears. Ratios, as defined by the schedule of Apprentices to Journeyworkers, must be adhered to hour-for-hour. Pre-apprentices aze not allowed at a lesser rate. Apprentices/trainees working alone must be paid journeyworker rates. THERE ARE NO EXCEPTIONS TO THE DEFINED RATIOS. ♦ The Prime Contractor must an submit original signature Contractor Profile form, Identification of Prime and Subcontractors (to be kept current), and Weekly Site Logs. Original signature weekly Payroll reports and Apprentice Certifications to be submitted only upon request. ♦ It is the prime contractor s responsibility to employ only subconuactors who have certified eligibiliry in written conttacts containing Little Davis-Bacon Requuements. - ♦ All self-employed and partnerslup contractors must submit bona fide status documentation for review and approval before performing any rnntracted work to complete a project. ♦ Subcontractors and lower-tiers must submit an original signature Conhactor Profile form. Original signature weekly Payroll reports and Apprentice Certifications to be submitted only upon request. ♦ iTNION SHOP CONTRACT'ORS/SUBCONfRACTORS - Verification of employee wage receipt will include, at minimum, contacting the trade local or designated benefit fund account. I30Nt7I3ION SHOP COI3TRAC'PORS/SUBCONTRACTORS - Verifica6on of employee wage receipt will include, at minimum, contractor submission of canceled paychecks, timecards and/or stubs for specified week(s), if requested. ♦ A Waste Manifest must be submitted by all contractors/subcontractors responsible for asbestos or other hazardous waste removal from any project site. idbfacts: 5-24-2000 x "r' . CITY/STATE LABOR STANDARDS o � "� REQUIREMENTS Aii contractors, subcontractors, and lower-tier subcontractors shall comply fvith the: Litile Davis-Bacor: Ordixance, Section 82.07, Saiut Pattl Adn:inistrative Code Mi�lnesota Statutes && I77.4I -177.44 The requirements of the Ordinance/Statutes are as follows: 1) The minimum wage rates and frin�e benefits established by the City of Saint Paul (MN Department of Labor & Industry) shali be paid weekly to all on-site employees. 2) All workers shall be paid time-and-one-half for all overtime hours worked, meaning hours worked over eight (8) in one day or over 40 in a fveek. 3) Apprentices may �vork at apprentice wa�es if they ue enrolled in a bona fide apprentice proo am and are workin� in compliance with the Apprentice to Journe}�vorker ratios (see Ratio of Apprentices to Journey�vorkers schedule). It is the prime contractor's responsibility to ensure that the following are attached to all contracts, subcontracts, lower-tier subcontracts, and bid documents pertainin� to this project: Labor Standards Requirements; City (State) Prevailing `Vage Rates; Ratio of Apprentices to Journey�rvorkers; and Bona Fide Self-Employed/Independent and Partnership Subcontractor Status A City Labor Standards poster and the City Prevailing �Vage Rates (Minnesota Departiitent of Labor and Industry Prevailing �Vage Rates) must be posted at the construction site in a visible location. For assistance or specific information, you may contact Sandra Haustein (651-266-6690) or Jill Hughes (651-266-6650) of the Department of Planning and Economic Development. gped�ty�'n$hareSHAUSTHIV�ciry•sWte IitAe da�is-0acon requuem<n[s3-?5-00 1 � � - • � '-^ � � - BASE� TAXED __UNTAXED , TOTAC-'. EFFEGTNE NEXT�" CLASSIFICA710N - ' '� RA�T� �RfNGE _ :fRINGE ,.,`PACKAGE OATE . ADJU§'4'�:� ; ._:. Bolertnaker $21.20I $1.05 $9.06 531.31 Ot/03/98 10/01/98 Bricklayer 523.47I S2•64 58.06 534.77 05/06/00 05/01/01 Carpenter 523.84i 51•82 57.18 532.84 OStO6l00 OSf0110'i Cement Finisher 521.84, $3.15 57.96 532.95 OSI06/00 05/01/01 Electrician 527.28I 53.55 58•44 539.27 05/06/00 OS/01l01 Elevator Constructor S2T.46 S2•44 56.94 536.84 07/01l00 07/01/01 Glazier $22.81 $1•50 $7•89 $3220 O6/01/99 05/91/00 Hazardous Material Handier $1821 $3.30 $21.51 05/Ot/98 04/30/99 InsulatodAsbestos Worker $22.50 55.02 $10.13 E37.65 O6I01/00 05/31/01 !6•e��nicai �y5tems onivl Hazardous Waste Technician Building & Residential Sz1•72 51.36 55.56 528.64 05101/00 � OM30/01 Site Preparation 520.08 $1.36 $5.56 S27.00 05101100 04130/01 Heavy Equip. Operaios 521.17 - E7.15 E28.32 OS/OS/00 OS/01/01 Insulators Res'I - 4 stories or less $19.56 $1.74 $6.44 $27•74 OS(01l98 04l30/99 Other than residentiai $22.16 $1.82 $6.44 $30.42 05/01/98 04/30/99 IronWorker $24.50i $2.65 $9.94 $37.09 05�01i00 04130/01 Painter $2200I $1.50 58.42 $31.92 05/06/00 05/01l01 LaboredDrivedOperator $17.31 $1.36 55.56 524.23 05/06/00 OS/01/01 (Street Services Worker) Landscaper-SodLayer $12.38 $0.71 53.65 516.74 05/01/00 04l30/01 Parks Worker $17.31 51.36 $5.56 E24.23 OS10610a 05/01/01 Pipefitter $24.00 $4.57 59.40 537.97 05l06l00 OSl01/Ot Plasterer 520.48 54.40 E8.35 $33.23 06/01/00 05/31/01 Plumber °� 524.56 53.27 59.10 536.93 05106/00 05/01l07 Roofer 522•89 SZ•OS E7.63 E32.57 05101f00 1 94l30/01 I Sheet Metat Worker 528.38 $2.10 56.99 537.47 05/06f00 � 05f01/07 Soft Floor Layer $21.73 $2.11 $6.21 $30.05 06/01/99 I OS/31/00 , Sound, Signal & Comm.: Tech (Install of contro�ler only) $1922 $0.58 $19.80 03/01l98 � 02/28/99 Insta{ler {ExG. controtter xrodc) $11.31 $0.34 $11.65 03/O7/98 ` 02J28/99 � O1�\\i- 9/20/00 14/AMP/DAVSBACI.WK3 Project Name CONTRACTOR PROFILE IF ADDTITONAL SPACE LS NEEDED, PLEASE ATTACH A SEPARATE SHEET Nau�e of Business Business Address Area Code & Phone # Federal TaY ID # Our conhact is with 6 � - ��2- in the amount of $ for (den8fy work to be perCormed -be specitic) Contract awazd date If so, to whom? Will any work be subconiracted out? Peison(s) authorized to sigp (certify) Payroll reports: 1) 2) Idenrify work classification(s) and applicable base wage payment for each individual performmg work on the project site: Work Classification (include Group #, if applicable) 1) 2) The frmge benefit payment will be (check one): Base Rate of Pav $ (A) _ paid direcfly (with the pay check) to each worker in the amount of $ (g) _ paid to a Union benefit plan (or plans) in the amounu indicated below: Holida Vacafion H& W Dental Pension Other (Identify) $ $ $ $ $ $ Benefit funds aze deposited into accounu maintained by. Address Acct # (C) _ paid to a nonunion benefit plan (or plans) in the amounts indicated below: •*'ATTACH COPY OF BENEFIT PLAN(S) FOR REVIEW/APPROVAL Pension Medical Dental Other (Identify) $ $ $ $ Benefit funds aze deposited into accounts maintained by. Address OwnerlPrincipal Officer Name Area Code & Fa�c # State Ta�c ID # Phane Signariue & Date Acct # �wed�sys2�Shared�HnUS'['6[Mform - convactor profile.wpd:45-oo City of Saint Paul form Asbestos Worker and Insutator Bricklayer Carpenter Cement Mason Construcrion Craft Laborer Electrlcian Elevator Constructor RATIO OF APPRENTICES TO JOURNEYWORKERS ON LOCAL, STATE AND FEDERALLY-PUNDED PROJECTS ��,"� 1 Apprrntice for 1 Joumeyworker; then 1 additional Apprentice for each 4 additional Joumeyworkers REMOVAI, - I Technician fot each 4 Helpe�s 1 Apprentice for 17oumeyworker, then I additional Apprentice for each additional3 Joumeyworkers Commercial -1 Apprentice for 1 Joumeyworker (EXCEPTTON: HUD projects - 2 Apprenrices (1 must have over 4000 houcs) to I Soumeyworker) Residentia! -1 Apprentice; 1 Joumeyworker, 1 RUC (SEE ABOVE EXCEPTIOI� 1 Apprentice for 1 Joumeyworker Glazier/Glassworker Ironworker Lather Operator Painter Pipef tter Plasterer Plumber Roofer Sheetmetal Worker Sign Painter Soft Ftoor Layer Sprinkler Fitter Tecraao Worker Tile Setter/Finisher 1 Apprentice per 3 Joumeyworke� Commercial: I Apprenrice for 1 to 3 Joumeyworkers; 2 Apprentices for 4 to 6 Joumeyworkers; 3 Apprentices for 7 Joumeyworkers Residential: I Apprenrice for I 7oumeyworker 1 Helper for 1 Joumeyworker=1 team; two teams or more may have 1 additionat Helper for the first 2 teams; 1 exua Helper for each additonal3 teams CLEANiJP: 2 helpers for I Joumeyworker 1 Apprentice for 1 Joumeyworker, then 1 for 5. Apprenrice Glaziers at the 6th-1000 hr. level may work alone Structural: 1 Apprentice to every 7 Joumeyworkers Ornamental: 1 Apprenrice to every 4 Joumeyworkers 1 Apprenrice for I Journeyworker, then I addiHonal Apprentice for additional 5 7oumeyworkers 1 Apprentice for 1 to 10 Joumeyworkers (decorators, spray, paperhangers, drywall faishers, applicators, and sanders) 1 Apprenrice for i Ioumeyworker, then i for 4. Apprentices in their last 2 years of training may work alone. 1 Apprenrice for I-4 Joumeyx orkers; second Apprentice for 5-10 Journeyworkers. No employer shall be allowed to employ more than 5 Apprentices. 2 Apprentices for 1 Journeyworker 1 Apprentice for 1 to 4 Ioumeyworkers; 2 Apprenrices for 5-10 Joumeyworkers. No employer shall be allowed to employ more than 5 Apprent�ces. 3 Appren6ces far 2 Joumeyworkers; 1 of the Apprenrices must be 55%, if available Slate and Tile: 2 Apprendces to 1 Joumeyworker Commercial: 1 Apprentice for4 Joumeyworkers; or 1 for 3 Joumeyworkers, up to I5; then 1 to 4 thereafter (gutter, specialty or roofing work) (CHECK YOUR AGREEMENT) Residential: -1 Apprentice for 1 7oumeyworker (if agreemrnt states 1:3 or fracNon thereo� (CHECK YOUR AGREEMENI); for an additianal apprentice, 3 additional Joumeyworkers must be onsite (plastic fabricators, erectors and painters) 1 Apprenrice for 2 Joumeyworkers; then 1 additional Apprentice for addirional 4 Joumeywocicers 1 Apprenrice for i to 3 Joumeyworkers 1 Apprentice for 1 Joumeyworker I Apprentice for 3-5 Joumeyv�-orkers I Apprentice for 1 Joumeyworker; then 1 Apprenrice for 3 additional Joumeyworkeis DO NOT exceed the hour-for-hour rario of apprentices u shown above. DO NOT USE AN APPRENTICE AI.OI�IE QN A JOB SITE unless an acception is indicated above or in the conuactin� company's union agreement NO OTHER EXCEPTIONS ALLOWED. APPRENI'[CES must be registered in a bona fide (e.g., Ssate certified) ApprenHceship Program. HELPERS and RU.C.'s (Residential Utility Carpenten) atenot allowed at a lesser pay mte on State- and Federdlly-funded projecu. �A-J ratios:0822/00 City of Saint PauUPED Form CITY OF SAINT PAUL LITTLE DAVIS-BACON REQUIREMENTS FOR BONA FIDE SELF-EMPLOYED AND PARTNERSHIP SUBC4NTRACTOR STATUS o�-��a- �All "self-employed" and "partnership" businesses must provide bona fide status demonstration rior to perfomung work at the project site. Failure to demonstrate contractor/subcontractor status may result in payment delay and possibly contract/subcontract agreement cancellation. �All "self-employed" and "partnership" businesses must have executed and provided a written contracUsubcontract agreement (containing the Little Davis-Bacon Labor Standards Requirements and applicable Prevailing Wage Rates) for their work performance to the labor standards contract administrator assigned to this project. BONA FIDE SELF SUBCONTRACTOR STATUS DEMONSTRATION �Additionally, all self-employed contractors/subcontractors can submit a copy of the previous tax year's income tax filing, including attached Schedule C, for status verification. However, copies of four (4) of the following five (5) listed documents can be used in lieu of tax returns: ]) identification of a registered trade name & location of telephone listing under that name; 2) contractor's license; 3) liability insurance or subcontractor's bond; 4) Federal Tax Identification Number; 5) formal written deternvnaUOn regarding status as defined by State or Federal Department of Revenue and the information submitted as a basis for the determinauon. Failure to provide the requested documentation will disallow the "bon�de subcontractor status" and the individual(s) will be included on the engaging company's payroll as an employee, receiving pay as identified by the Prevailing Wage Rates applicable to the project. BONA FIDE PARTNERSIiIP SUBCONTRACTOR 5TATfJS DEMONSTRATION —+Additionally, if the subcontractor is a partnershiQ, all of the foliowing must be submitted for review and approval before starting work on-site: ..copy of the executed partnership agreement ..Federa] and State Tax Identification Numbers applicable to that partnership agreement ..copy of the previous tax year's filing, including Schedule E. c:�wv�roowsr�+r�m� ea� uan�s.wPas-s-oo N � N J d M � N � < N a m. F < s ca z N G � M J � V y Z u 'a � �M N � a ° 0 .� E�.. V � U 6 < • e. a � F Z " z o °i N V d m d y �s N V W 0 0� z Y < 9 F � y O V oG � O � F � V B e o a � F Z m o U N � = F M a a w 0 a 0 H F 6 V N W N F 2 W C N �'er�� 1 Q O u 9 Y 0 w w �1 L Y 8 � N r <z xo H O zs o < U ro u m G O o H � F K J O a 3 � O � V • 6 N u O m Y +"� • O w V tl 6 Op L C Y� o ma aa O .1t O N v s V 3 (9 ., m c .. m m O � ro H .� o t 6 0 u u O F u u o � N 4 �1 Y� u .+ tl q H 10 Q Y O 9 L V O !L La o u O 3 m Z] O m c .a c.. m ++ o u q e .a uf ,+ m a V "�' � F� o - d f. m Z C � o m .� Y L O L'1 .Z H 'O .d 9 q 6 q �n a m � o m u a .� m N T N N M ]� Y Y� .7 0 .�I 2 u L m u W B C Z 0 0 mB 5 e a ,+ m 9 u p �+ v d V 6 C � � .�.. a O N � -� a Y N N p v o. u u C H �0 �0 V L a +� L F C u Z O .� O u 3 V D ] b � 0 Y N 9 N .a ., W -+ .-+ a N 6 O 6 O �� 6 w q w � Y u r-t {p 9 O � h' �0 Y • t� Z C Z '1 � u w .. n U O .1 •. Y b u W .. +-� �0 O 2 N O tl tl H m M �-1 O OS .�J S W H M N v i � I I � N O� N �'f O o �-��. APPLICABILITY OF DAVIS-BACON TO: CLEAPTING Cleaning performed during construction is subject to prevailing wage provisions. In the absence of a specific wage rate for cleaning classification, the cleaners must be paid the predetermined wage rate for laborers. Cleaning (after completion of construction and certificate of occupancy has been issued) in order to prepare the premises for occupancy which is not part of the construction contract is not subject to the prevailing wa�e requirements. _ . RELATIVES There are no exceptions made in the enforcement on the basis of family relationship for relatives who are performing the work of laborers or mechanics (anyone who is performing construction work on the pro,}ect). They must be paid the prevailing wage rate for the classification of work performed and be included on the certified payrolls. PROPER DESIGNATION OF TRADE Select a work classification on the wage decision for each worker based on the actual type of work slhe performed and pay the worker no less than the wage rate on the wage decisic�n for that classification regardless of their level of skill. SPLIT CLASSIFICATION Employees performing work in more than one c�assification can be paid the wage rate specified for each classification only if accurate time records have been maintained showing the amount of time spent in each classi£ication of work. If accurate time records have not been kept, the employee(s) must be paid the highest rate of all the classifications of work performed. ��eea�n-"sn�,t�usoxscaan �ypit�.ba�a taiauo.wpa CTTY OF SAINT PAUL 6 �_ �� PAYROLL INSTRUCTIONS FOR CITY &/OR STATE-FUNDED PROJECTS CONTRACTORS PERFOMING WORK ON THIS PROJECT ARE TO COMI'LETE AND SUBMIT THE PAYROLL FORM WITHIN 7 DAYS AFTER TF� PAY PERIOD TO TT� PRIME CONTRACTOR (OR AS DIRECTED). Enter Federal I.D. No. (or SS#, if appropriate) on the first payroll report. Check box indicating contractor or subcontractor and include company name and address. Number payrolls for this job consecutively (mazk the last payroll "final"); add the week ending date and enter the project name and locarion. Column 1 Name. Address and Social Securit�Number of Emuloyee - Must be identified the first titne the employee name appears on the payroll. Thereafter, only list the name. Also, list only employees who did work at the construction site - not shop or off-site employment. Column 2 Number of Withholding ExempHons - For your use only. Column 3 Work Classification - Enter work classification found on the applicable wage decision for each employee. Be specific; if an employee is a laborer or operator, also include the group number. Do not classify the employee as a"Journeyman" or "Owner". ff the employee is an apprentice, list as such along with work class, submit an Apprentice Certification and attachment indicating their current level of progress with the first payroll on which the apprentice appeazs. NOTE: Make sure new Apprentices aze actually registered; may only work in the approved ratios as indicated by the Ratio of Apprentices to Journeymen schedule. If an employee performs work in more than one classification, the hours worked in each classification need to be listed separately on the payroll. Column 4 Day and Date - Fill in the day and date and list the hours worked each day for each empioyee on this project. "S" is for straight time hours; "O" is for over[ime hours. Depending on the project funding source, overtime may be all hours worked over 40 in one week or ovet eight (8) in one day and over 40 in one week. Column 5 Total Hours - Enter total of straight time and overtime hours for this project only. Column 6 Rate of Pav - List straight time and overtime rates of pay. (The total wage rate must be a minimum of the basic hourly rate and fringe benefits combined for the work classification listed on the wage schedule.) The overtime rate must be at least time and one half the basic hourly rate. Corporation owners, officers, andlor shareholders working at the pro}ect site aze considered employees and must include all wage information in columns 6 through 9. Self-employed or parmerslup businesses demonstrating bona fide status enter "owner" in column 6; columns 7 through 9 will then be left blank. (over) o � _ ��. Column 7 Gross Amount Eamed - Enter the amount eamed or if the employee also worked on other job(s), draw a line dividing the box in half. In the upper half, indicate the gross amount eamed for this project and on the lower half, indicate the gross amount earned appearing on the employee's paycheck. Colamn 8 Deductiuns - Identify and enter amounts appearing on the employee's pay stub. Columri 9 Net Wages Paid for Week - The dollaz amount of the employee's paycheck (should equal the gross amount eamed for the week (column 7) minus the deducrions (column 8)). NOTE: Computerized payrolls must contain the same information as the payroll form; attach an original signature (please do not sign with black ink) Statement of Compliance form (WH-348) to the back of the payroll. COMPLETING THE BACKSIDE OF THE PAYROLL FORM (WFI-34'� Tlris portion of the payroll form contains the Statement of Compliance wluch says that employees have been paid the net wage as indicated under Column 9 and that no unauthorized deductions have been or will be taken from the employee's pay. This is in accordance with the Copeland Anti-Kickback Act. Fill in all requested information for (1). Be sure to check box 4(a) if fringe benefits aze paid to an approved plan or fund. If claiming company paid fringes (not deposited with a Union fund), contact the Labor Standards Officer; these need to be reviewed and approved before you start work on the project. Be sure to check box 4(b) if fringe benefits aze paid in cash (included with the paycheck). In this case, the amount of fringe benefits should be added to the rate of pay in Column 6. Name. Title and Sianature Type or print name and title. An owner, officer or partner of the company may sign the payroll. Any other authorized signatures should be listed on page 2 of the Contractor/Subcontractor Certification form (CSC-1). Signatures must be manuat (not xeroxed or stamped); please sign with something other than black ink (this makes it easier to discern an original signature). Any questions? Please call: Labor Standards Saint Paul Department of Planning and Economic Development 25 W�st Fourth Street, Room 1400 Saint Paul, Minnesota 55102 (651) 266-6690 or 266-6650 FAX: (651) 228-3220 1Weduys2\SharedUlAUS'IEQi\ciry.stste paymll insm�Uions:l!!/00 _� :� �m �0 a C n l��l 3 E 0 a '� Q c 0 F� � F y I ` J y yO C � Q . u u ' �' N �¢ � c r � F �e f. c U � n 0 � 0 A ti C O U r 0 ��.. � N W O < w Ytl�'�' -4 3�� . ' o e � � 1 3� ` o d W Y O � i ++ F H 0 z �u 30 x � W O p2 W � N� r 606 l�1 O�y� � N �� g �d � �� /� ' � \% .. 0 N � O� � �I � . �� '< s � �i N N v � v v N m O� � N N ti � v ai v O � � V � s M; � � m � N 'J KI eD O v = m � � �l$ � �� 0 • � p 0 o� W �{ _ Y � O � W � 6 U ?�r �« 3,e O L ° S 3 s U V 1' G � f+ .. f+ p i a � o - � � � Q m y� o O - rl O, y � S 4 ^ � D L 5« O � � i O o F j ' � � S � ^ � � 4 ' 2 � V � J OW � JO < 3 ... 6 �; � .^".a � 4 L }. V O L Y ii A 7 d . 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O O � c L Q Y O �� e a o� C Y a � � O �� 3 0 C Da � 9 < u c V � a � 0 0 i o� � w b y�. C O ^ Y p C � � A . T i � S � d z �s a ., � J 0 a a a ��Z � �oQ �� d; W 7 � Y Z;�C O . : a � 0 ��W �Z �� F� �6 O JA a o �s u z 0 F i 3� � V C W 00 �� d a ��S ��E �� 01� N � � � � 0 L.S. OE�ARTY[NT Of LA�OR S7ATEMENT OF COMPLIANCE MA6[ AMD MOYII DI VINOM ►e� wpv.e.�.a �ua�et �uww No. �aR109! �lt � . do hercby state: iK�m� ei �I�Mtory puq'1 t ♦ (l) That I paY o* supervise the payment cf the persons �mDloYed by on � ontncwr er �u renv.eto.) �e : that Curin[ the p�yroU period commencin[ on Ihe ��dq of (HwlCin{ er reek) ' �9_ snd rpdin¢ the�day o( . 19�. �11 persons employed on said projeet Aave 6een p�id the veekly xa�es �amed, tAat m rcbates h+re been or vill W made elther directly or indireeUy to or on behal! ot s�id O 1 � �� (ull [rom the [ul! weekly r�ees eamed by any persoa �nd that ao dsduceions Mve ( mu•etor er s comncwr Men m.de ei[her dircctiy or ind�reetly trom Ue tull waces eamed by any person, other ihan pemissible deduetions as defined in ReRubtions. Pan 3(29 CFR Su�titfe A), issued by the Senetaq' of i.�bor under tht Copeland Acl. as amended (48 St�t. 9i8-63 Sut 308. 72 Sut. 96�; 76 Stat 357; 10 U S.0 276c). �nd described below: (2) That any yayrolls otherwise wder thi� eonVaet tepuircd to be submitted !or the above period a�e eoe�ett and eomplete; tlut the w�`e ntec Ior l+borenor toeeh�niea eon��ined therein �n not ltsa than the �DPliuble v�`e ntes eont��ned in any ��Qe detertnin�cion ineoryor�ted into the eent»cq th�t Ne eAa�ltie�tiona set forth thercin tor e�eh LDoeer er meeMnic con- M�m with the wrork he perfoemed (3) Th�t �ny �pprcnti�ec tmployed in the �bove period �rc duly reQiiteeed ia a houa tide agpecnticeahip pso'sam reQiste�ed vith � Sute �pprentaeeahip ��ency ncoQnised by ehe Burcau o( Apprcnticeship and ?nininQ, Uaited Sutea Department of t,�COr, or it no sueh neo¢nized �Qeney eaiata in � State, �x �e`tstemd Mith tde Burc�u of Ap�mntieeship and Twlnina, United Sates DeD+nmmt of LaOor. (i) 7T�t: (�) M'HERE FRIYGE BEI:Ef'ITS ARE PAID TO APPROVED PLANS, FtlNDS, OR PROGRAIQS �• In �Edit�on to the basic hourly waae rate� D��d to sach laborcr or meeMnic listed�in the abore rc(ercneed pay- roll. payments ot Irie�e Eeaetits a� lisud in the eontnot have Eem er w�ill bc wde to �pp�opri�te proqr�ms for the benefit of aueh employ�es, �xeept �s poted in Seetion K�3 bdor. � (D) R'HERE FRINGE BEHEFITS ARE PAID IN CASH Q- E�eh I.�bonr or meeh�n�e Jlsted in the above rttercncvd payroU lus been paid ss iadie�ted on the p�yroll. �n �mount not teaa than the sum ot the applie�Ele Msie boutly Mate nte plus the �mount of We tequieed frinee EeneGts as liated in the aontr�cq e:cept as nottd in seaion 1(a) below. (cl EXCEPTIONS EXCE�TION(CRAFT) EXPL�NATION Jt(M�11Rf '�II�C�T�ON OF �NY O� TM[ ��OVL lTI.T[M[XTi Y�Y �U�J[CT TMC CONTII�CTOR OR yy�Cp�;TR��TO� TO L►AOlLCYTIOM f[( {��T�pN 1001 OI TIT�,[ 1� �MD ![CTION 2!1 OI TITL[ �t O� TME YNITEO iT�TEi �wwMN {t/��1 rY1lCMAi[ TMI{ /011M D�R�CTLV IApM TN[ �Y/T. O► OOCYM[MTi INSTRUCTIOHS FOR PREPARATION OF STATEMEHT OF COAlPL1ANCE This statement ot compliance meets aeeds resnitiag fmm the amendment of the Davis- Bacon Act to include fringe bene�ts pmvisions. Under this amended law, tl►e contractor is required to pay tringe beaefits as p�edete�miaed by t6e Departmeat of Labor, in addi- tion to payment of the minimum rates. The contractor's obligation to pay fringe benefits �ay be met by pa} xnt of the frinees to the various plans, funds, or prognms or by mak- ing these paymeats to the employces as cash ia lieu of fringes. The contractor should sho+� on the Mhether as basic rates or as cas6 i statement of compiiance t6at he is aot paid as cash ia liea ot fringes. Contractors aho pay all reqvired friage benefits: friages requiced by the contmct aad ions foliow: A contcacior who pays friage beaefits to anproved plans, funds, or programs ia amounts nof less than were determined in ffie applicable wage decision of the Secretary of Labor shall continue to s6ow on the face of his paymll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shali check paragraph 4(a) of the statement to iadicate that he is also paying to approved plaas, funds, or programs not less than the amount predetermined as fringe beaefits for each ccaft. Any exception shall be noted ia Section 4(c). Contractocs who pay ao fcinge benefits: A contractor aho pays ao fcinge benefits s6a11 pay to the employee aad insert in the straight time hourly �ate column of his payroil an amonnt not less thaa the predetermined rate for each classification plus the amouni of frioge benefits detesmined for eacd classi- fication in the applicable wage decisioa. lnasmuch as it is not aecessary to pay timeand a hait on cash paid in lien of friages, the overtitne rate shall be not less than the sum of the basic predetermined tate, plus t6e half time premium oa the basic ot regular rate plus the cequiced cash ia lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the stcaight time basic tate and cas6 in lieu of fringes be separately stated in the houriy rate column, thus $3.25/.40• In additioa, t6e contractor ahall check paragraph 4(b) of the statement to iodicate t6at 6e is payina fringe benefits in cash directty to his employees. Any exceptions shall be noted in Section 4(c). � Use of Section 4(c), Exceptions Any coatractoc who is making Qayment to apptoved plans, tunds, or programs in amounts less than the wage determination requires is obliged to pay the deficinecy directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), ahichevec the contractor may c6eck, shall be entered in Sectioe 4(c). Enter in tde Exception column the craft, and eater in the Explanatioa column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amonnt paid to plaas, fnrids, ot programs as fringes. ir u.:.cro:is�a�o-sn-uvo O \-\�'� Fer taie b� t6e Superintendent et Detumen4, tlS. Co��rn�nt Printlnt Omce NuhinRton, D.G !WM - Prin i475 oer p�d o! 700 Steek Number OYa-OO6-o0o16 Gtala� Humber L!Z FORH WH-if! ��:ir. r_� Vendor Outreach Program RecLuirements I�'M�C�;1 � b�-1�� zotosoi�i E-1 JAN-17-01 WED 01�43 PM PORT RUTNORiTY FAX NO 6512235198 P.O6/16 Chapter 84. Vendor Outreach Program Sec. 84.OI. Declaratioa of Po&cy and Pnrpose. The ordinance is based on and responds to the information and evidence of discrimination aeainst women and minorities documented by the study submitted by BBC Research & ConsuIting,� September 1995, to the City of Saint Paul and tfie snidy submitted by the Insritute on Race and Poverty, February, 1996, to the City of Saint Paul. In doing so, this ordinance is intended to remedy and conzci ihc effects of past cliscrimination in construction, �oods, services and pmfessional services whose effects still burden small and minority-owned and women-owned businesses in the city. This ordinance will help prevent future discrimination a�ainst vendors and contractors who provide goods and services to the city, or enga�e in the completion of construction contracts to which the city is or shal] be a party. It is intended to further discourage and prevent discrimination on account of race or �ender. Tt is the policy of the city both (a) to attempt to provide a remedy for past i:nderutilizarion of qualiYied minority- and women-owned buunesses and economically disadvantaged small businesses, and (b) to prevent ongoing underutilization of such businesses in the city's contracting process, by facilitating their pazticipation as vendors to the city in iu purchase of goods, services, and construction of public buildin�s and publicly assisted projects, and its various economic development acnviries. The policy of the ciry is to promote increased participarion by qualified, minority-owned, women- owned, and economically disadvaniaged small businesses in public contracting that is comparabte to their availability in the Saint Paul muketplace. To this end, the city shall set annual benchmarks or levels of participation for Mf3B, WBE, and economically disadvanta�ed small business participafion in city contracting activities based upon their current availabiIity within the marketplace. These levels of participarion shall not be quotas. The levels that are established shail be reviewed every three (3) yeazs, and the participation of such businesses shall be reviewed every three (3) years, to insure (1) that the pro�am docs seek no more than to remedy the effccts of past discrimination and prevent future tliscriminarion, and (2) that the program does not become over time a race- or gender- based entitlement or quota progra�n, nor become a limitation or cap on the participarion of qualified businesses. (C.F. No. 97-840, § 1, 9-3-97; C.F�. No. 98-779, § 1, 9-23-98) Sec. 84.02. Short'ITtle. 7his ordinance and the pzogzam it enacts shall be cited as the "Vendor Outreach Pro�am." (C;.F. IQo. 97-84Q § 1, 9-3-9�; C.F. No. 98-'779, § 1, 9-23-98) Sec. 84.03. Definitions. For purposes of this chapter, the following words and pluasas shall have the meanings set forth in this section except where the context clearly indicates that a different ineaning is intended. Aff:liaze or subsidi�ry of a business dominarc� in irs field of operation means a business that is ai least twenty (20) percent owned by a business dominant in iu fieid of operation, or by partners, officers, ditectors, ma�ority stockholders, or their equivalent, of a business dominant in that 2ield of operation. Broker means a business that canies no inventory and that has no .�ritten or oral ongoing agreement http:!/www.ci.saint-paul.mn.us/code/ac084.htm1 1/17lO1 JRN 17 2001 13�51 6512235198 PAGE.06 Pa�e 1 of i l 01— \�Y JAN-l7 WED 01�43 PM PORT AUTHORITY FAR NO 6512235198 P O1/16 Page 2 of 11 with any manufacturer or manufacturer's authorized dis�ibutor to sell the products of the manufacturer. This definition is not intended to include businesses who actively use just-in-time �\��\>— methods in their normal operation, Buriness, or busn:ess eutity means a contractor, developer, vendor, subcontractor, supplier, consultani, or provider of technical, adminishative, or physical services, regazdless of whether operating as an individual or organized as a sole propnetorship, partnership, joint venture, association, cooperative, coTporation, or other entity which is organized for profit. Ciry means the City of Saint Paul, Minnesota_ Commercially icseful funefion means a funcrion performed by a business enterprise when it is responsible for the execution of a distinct element of ttte work of a conuact and catryin� out its responsibilities by actually performin�, mana�ing, and supervising the work involved. Acrin� as a conduit to transfer funds to another buszness does not constitute a commercially useful function unless it is done as a normal business practice of that industry. Construction mtd dn�elopmentproject.r means (a) construction and deveIopme�it projects, (b) the construction, alteration, painting or repair of a building or any structure on land, (c) any construction, building, alteration, reconstruction, modemization or improvement of any shucture, and (d) the improvement of, or addition to, any capital asset. Developer means a business which contracts �vith or seeks to contract with the ciry for any consuuchon and development project in which the contractual docuinents therefor psovide that either the city or the Fiousing and Redevelopment Authority of the City of St. Paul, Minncsora ("HRr1,") (a) will receive. at any time, legal or equitable title to the land, or any building or structm thereon, which is part of such projeet, exelucling title or property interests to or for public rights-of- way for pedesfrian or vehicle transil, in;ress or e�ess, or (b) is �bligated 2o issue eenera] obligation bonds, or provide financing supported by a fuil iaith and credit pledge. � Direcior means the Director of the Division of Contract and Analysis Services in the Department of Technolo,;y and Management Services of the city, to�ether with such designees or staff persons as he or she may direct to cury out functions under this ordinance. Such tenn shall include persons or etitities designated by contract to carry out one (1) or more funetions under 2}us ordinance, as may be and to the extent provided in such conu�act. Dominartt in its field of operarion means a business having gross revenues that exceed tfie Minnesota bepartment of Admuustration Standard ladusirial Classification (SIC) Code revcnue standard for its (SIC) category. Srnall business ente�rise (SBE) means a business enrity whose principal place of business is in the mazketplzce that: (a) Is not a business dominant in its field of operation, nor an affiliate or subsidiary thereof, and (b) Is not a broker, or a manufacturer's representacive, does not operate as a franchise or under a franchise agrecm�t, and is not a business in which the owner is also owner or part owner of one (1) or n�ore businesses that is dominant in the same field of operation; and (c) Is not a busniess whose �oss revenues exceed those established for its Standazd Industrial Classification (STC) code, as adjusted by the Department of Administrarion of the State of Minnesota pursuantto statute;and {d) Perfonns a commzrcially useful function; and http://www.ci.saint-paul.mn.us/codelac084.htrn1 JRN 17 2001 13�52 1I17/01 6512235198 PRGE.07 JAN-17-01 WED 01�44 PM PORT AUTHORITY _ FAS NO 6512235198 N U8/16 Pa�e � of 11 O 1 ��\3- (e) If it has been in operation for less than one (1) year, must be able to provide reasonable evidence in form satisfactory to the director, showing tfiat it fias an established record of generatiaa revenue while performin� ihe business iunction represented in its application for cerfification or, if a professional service, showin� thatit possesses applicable licenses orprofessional certifications or credenrials. Franchise, or franchised business means a business operated under an opetating a�eement obtained from a franchiser to conduct a business where the franehiser retains the nght to (I ) direct, or set requirements for, certain elements of the business, or (2) receive compensation for use of the franchise or the goodwill or business name and where the owner does not beaz the full risk and responsibility for the perfoimance of the business. Goods and services means and includes (a) materials, supplies equipment, all things which are movable, and all tangible personal chattels, whether or noi intended or suitable for becoming a fixture when attached to real property; (b) labor and work; and (c) services of any kind, inciuding consultant, trade, technical, and professionaI senrices. Joint ti enture, means an association of two (2) or more persons or businesses to carry out a sin�e bnsiness enterprise for profit for which purposes they combine their progerty, capital, skiils, knowledge and management in an agreeci-to proportionate shaze. Manufacrurer means a business that makes or processes raw materials into a finished product. Munufactwer's representurive means a business that has an agreement with one (1) or more manufacturers or manufacturer's authorized distributors to se11 the products of the manafacrurer, but that is not an employee of the manufacturer, and in which the owner does not beaz the full risk and responsibility for the performanee o£ the business and the products and setvices offered. Marketp[ace mcans the geo�zaphical azea of die Minnesota counues of Anoka, $enton, Carver, Chisago, llakota, Hennepin, Isanti, Ramsey, Scott, Sherbume, Steams, Washina on, and ��ribht; and the Wisconsin counties of Pierce and St. Croix. Nlinoriry means a citizen of the United States or lawfully admitted permanent resident who is Asian- American, Native American, African-American, or fiispanic. MBE, or minoriry-owned hu.riness enterprise means a qualified business located in the marketplace or doing business in the marketplace at the time of bid opening or solicitation (a) which is at Ieast fifty-one (51) percent owned by one (1) or more minoriry persons, or, in the case of any pubIicly owned business, ai least fifty-one (51) pe;cent oF the stock is owned by one (i ) or more minority persons; and, (b) whose management and daily business operauons are conuo�led by one (1) or more minority persons who own it. Prirnc, or przme r.ontra�tor means a busino�ss en�aging in construction and development projects by conuactual ab eement, or in prime contracu, with the city. The terms also include a devetoper who or which may enter into a contract with the city for a particular construcrion and development project, and which necessarily contemplates that the developet wili aiso enter into other or further contracts for the completion of the said project. Yrime contract means a contract with a prime con�actor for the completion of a construcuon and development project, as to which it is reasonably likely that the prime coniractor will use, contract with, or seek bids from, one (1) or more subcontractors. A prime contract also includes a contract with a developer, where such contract or the pazticular "consuuction and development projecY' necessarily contemplates that Ille developer will enter into other or further contracts for the completion of the project. httP:!/ww�v,ci.saint-paul.mn.us/code/ac084.html ' 1/17/Ol TAN 17 2001 13�52 6512235198 PRGE.08 JAN-17-01 WED 01�44 PM PORT RUTNORITY _ FAX N0. 6512235198 P,09/16 Page 4 of I 1 Principa! place of business means the nm O 1-1\a-- performs, is maintained, or operates. P � Physical ]ocauon at which or from which a business SIC or SIC Code means the Standard Industrial Classification code as promulQated and maintained by one (1) or more agencies or departments of the Linited Stztes, and inctudes any code or system which replaces or sueeeeds the code in existence on July 1, 1997_ "SIC" or "SIC Code" shail aiso include ctassifrcation codes promulgated and maintained by the American Institute of Architects or ofher organizations cancemed with conuactina which, ia the discrerion oi Lhe director, are deemed more useful or suitahle for carrying out the purposes of this chapter. Vendor means a business selling goods and services to the city, as well as other services, inciudina constructiou and development projects for which there will be no subcontracts. Vendor contract means a contract with a vendor as to which the vendor will not use, cotttract with, or seek bids from, suhconh WBE, or women-ox�ned business ente�prise means a qualified business concem located in the marketplace or doing biuiness in the marketplace at the time of bid opening or solicitation (a) whieh is at ]east fifty-one (51) percent owned by one (1) or more women, or, in the case of any pubiicly owned business, at least fifty-one (51) percent of the stock is owned by one (1) or more women; and, (b) whose management and daily busincss operations are controlled by one (1) or more women who own it. (C.F. I�Io. 97-840, � 1, 9-3-97; C.F. No. 98-779, y� 1, 9-23-98) Sec. 84.04_ Applicability. The provisions of this ordinance shail apply to all contracts which aze awazded or entered into by the city, mcludin� vendor contracts and prime coniracts, except as may be hereinafter specificaliy exempted, and shall be liberally construed for the accomplishment of its policies and purposes. Any bid, as to which there is or has been a material lack of compiiance with the requirements of this Chapter 84 by any bidder, shall be deemed to be an unresponsive bid, and such tack of compliance shall be a sufficient basis for the rejection of that bid by the director. Every contract covered by this chap�er, which is entered into without bidding, shall include provisions which {a) obiigate the prime contractor, developer and vendor to fully compiy with the applicable ouh requirements unposed in this ehaptcr, (b) providc that failure to so eomply is a bre�ch of such contract, and (c) provide remedies fox� sueh breach. (C.F. No. 97-840, § i, 9-3-97; C.F. No. 48-779, § 1, 9-23-9%} Sec_ 84.05. Administration. (aj The director shall direct and administer the vendor outteach program. (b) The director may contract with other �overnmental agencies to administer programs for such other agencies which aze similar to the vendor outreach program, provided that the city is fu11y protecYed fzom liability and risk of loss arising out of such conuaet or contracts. The d'uector may also contract with non�overnmcncal a�encies for the administration of all or part of the vendor outreach pro�ram. (c) AIl departments and offices of the city shail share in the responsibility for accomptishing xhe policy and purposes o{the vendor outreach pro� The mayor may by adminish�ative order provide for additional activities and reports m furtherance of said pro�am. In particular, the director shall work jointly with other city departments and o�ces to establish levels of utilization of SBEs, http:/hvww.ci.saint-paul.nm.usicode/ac084.htm1 � il17/Ol JAN 17 2001 13�53 6512235198 PRGE.09 JAN-17-01 WED 01:45 PM PORT AUTHORITY FAS N0. 6512235198 N lU/16 Page 5 of t i MBEs and WBEs in and for professional services contracts and any other categories of purchases Q��\�... that may help the city to accomplish the overall purpose of tt�e program. , (C.F. No. 97-840, § l, 9-3-97; C.F. No. 95-779, § 1, 9-23-98) Sec. 84.06. Establishment of Desired Levels of Participation. (a} Annual parricipazion. The director shall establish, as provided in this seetion, on an annual basis, the desired levels of pareicipation of SBEs, of MBEs and of WBFs in vendor contracts and prime contracts for the next fiscal year, expressed as a percentage, for each, of the reasonably anucipated total dollar amount of all such contracts. Such levels ofparticipation shall be adjusted, from time to time during the course of the year as may be necessary, based on changes in the availabiliry of SBEs, IvIBEs and WBEs in the market}�lace. (b) Adjushrcercts for indiiridunl prime contracts. The director shall also establish and/or, wh��re appropriate, modify levels of participation by subcontractors, which may be more or less than the atmual ievels established in subsection (a), for individual prime contracts, taking into accowit the total dollazs of the contract and the dollazs in the contract which may reasonably be expected to be subcontracted. In setting such level of participation, the director shall also take into account and remove from consideration those amounts and works under the contract and subc�ntracts which cannot be performed or supplied by subcontracton which are certified as eligible for participation in the vendor outreach proo am. Such levels of participation shall be established by SIC Code where x�propriate, and the director shatl indicate which codes included within the definition of STC Code are being used and for what purposes. (c) Factors. In setting levels of participation of SBEs, MBEs and WB$s, whether annually under subsection (a) above or for individual prime contracts under subsection (b) above, the director shal] endeavor to arrive at the number of such businesses (i) which are currently available in Ute marketplace and which are qualified to do the particular work required by the city contract, and (ii) which would reasonably be expected by normal economic and business operation and mazket forces to participate in such vendor contracts and prime conhacts, in the absence ofpresent discrimination or the effects of past discrimin.ation. The director shail consider the following factors in establishing levels of participation: (1) The practical, as ogposed to theoretical, availabiizty of SBEs, MBEs and WBEs ("svch businesses" in this subsection) in the markciplace; (2) The particular goods and seivices, or c�nstruction or development projects, for which such businesses aze avai]abie; (3) The past lcvels ofparticipation of such businesses in city vendor conh•acts or as subcontractors in city prime cnntracts; (4) The reasonably anucipated number and amount and type of city vendor contracts aztd subcontracting oppornmiries in city prime conu�acts for the next fiscal yeaz; (5) Whether the reasonably anticipated contracts are for goods or services, or construction contracts, f�r which there aze few or no such businesses available or qualified to do the partieulaz work, or to do subcontracts; (6) Whether such businesses wili be able to obtain necessary bonds, insurance policies, and equipment or personnel required to perform such city vendor contracts or subcontracting on prime contracts; http:/1www.ci.saint-paul.mn.us/code/ac0$4.htm1 1/17/01 rcti i7 JRR'I 13�53 6512235198 PRGE.10 JAN-17 WED 01:45 PM PORT AUTHORITY FAK N0. 65I2236198 N.11i16 (7) As to professional services, the levels of participation that aze established by other city deparhnents and offices; (8)1,Uhether the reasonable and necessary requirements of the eontract render subcontractin� or other par[icipation of business other than the bidder or proposer infeasible; (9) Whethcr a public or aciministrative emer�ency exists which requires the �oods or services, or construction or development projec[, to be delivered or performed with unusual immediacy; (10) Whefl�er the number of certified S$Es, MBEs or WBEs providin� the services required by the contract aze sa few as to render them unavailable in practical terms, despite attempu to locate them; and (11) Whether the application of the provisions of this ordinance will impose an unwarranted risk on the city or unduly delay acquisition of the �oods or services, or complehon of the conshvction or development pro�ect. (12) Availability shatl be construed as broadIy as is lawful and reasonably possible in order to effectuate the �oals of this ordinauce. (13) And the director shalI develop and aciminister a progr�n to assist cenified businesses to obtain bouding az�d insurance. (C.F. No. 9?-840, y 1, 9v-97; C.F. No. 98-779, § 1, 9-23-98) Sec. 84.07. Certificarion of businesses. (a) Requirement, 1wu pears. Any SBB, M$E, or WBE ("such business" or "such businesses" for the remainder of this section) which seeks to participate in, or avail itself of fhe benefits of, the vendor outreach pro�ram, must first be certified. Ottce certified, the certification is vatid for the following two (2) calendaz yeazs and, thereafter, renewabl� for two-year periods by recertificaAOn. (b} Application. Such business shall file an application with the director, and provide such infotmation on such forms as the director may reasonably require. The director may require information: (1) That will establisl� that such husittess meets and will continue to meet the definition of an SBE, M13E or WBE, as the case may be, for the entire period of certification; (2) That delineates the availabiliiy and qualifications of such business; (3} The azeas of city vendor contracts or prime conh such business seeks; and (4) The number and dol]az amount of past city contracts it has been a party to or participated in as a subcontractor. (c) C.ercif:cazion of ¢nother jurisdicrion. The director may, in his or her sole discretion, waive all or pazt of the application process, and waive the submission of information required thereunder, as to any such busuiess which has been ecrtified tuidez a pro� am materially Similaz to the vendor outreach prod am. The burden is on the applican2 to furnish a copy of the application and supporting infonnation from the oiher pro�razn, and to demonstrate to thc satisfaction of the director that the �uidelines and requirements of the other pro,;ram are sub�7anrially simitar to those required undex the vendor outreach ptogram. This authonty is not intended to amend, modify or rescind, in whole or http://wivw.ci.saint-paul.mn.us/code/ac084.htm1 ToN t7 �AA1 'I�:S4 I/17/O1 6512235198 PRGE.11 Page 6 of 11 01—�\�— JAN-17-Ot WED 01�46 PM PORT RUTHORITY FAK N0. 6512235198 r.1�i1b Page 7 of i l in pazt, any a�eemenu that may exist to engage in a joint certification process witl� other �� `��^ �ocernmental entities_ (d) Join1 opplications. The director may cooperate with any other governmental entity having a pro�am materially simiiar to the vendor ouueach program in pro�lding for a joint or mutualIy acceptable application process. (e) No certifcation. The director may detemune not to certify an applicant if such business sells a product or service which the city, either itselfor for anotfier govemmental entity, (1} has in the past either not purchased or purchases in very limited amounu, or (2) is not likely to purchase in the foreseeable future. (� Change in circumslances. If the d'uector determines that any such business no longer meets the definition of SBE, MBE or WBE, as che csse may be, the director may terminate the certification of such business. Each such business, which has been certified, is and remains under a coniinuing obli�arion to report to the director any chan�e in circumstances affecting it that would cause it not to meet the appropriate dcfinition. (g) Material misstatement offact_ If the director detersnines that any such business made a material misstatement of fact in its appiicarion for certification or in any information submitted in support of the application, whether intenuonal or by mistake, the director may detennine either not to certify such business for participation in the vendor outreach pr daram, or to terminate the certification of such business if already granted. (h) Appeal. Any such business whose application for certification has not been granied, or whose certification has been terminated, by the director may appeal to the direcior of tt�e Of'fice of Technology and Mana�ement Services ("TMS birector"), or to such agency or entity, usin� such procedures, as may be provided for in a joint powers agrccment to which the eity is a paziy. Such appeat shall be decided on written submission and where appropriate in the discretion of the SMS Director, with an informal conference of such business with the director and his or her staff. (i) Periodic retidew. The certificauon for each such business may be reviewed pe�iodicaily by the director to determine that it continues to be eligible for certification and meets the definirions of an SBF, M13E or WBE, as the case may be, but such rcview shall take place at least every two (2) years after its initial certification. The director may require each such business which has been cer[ified to submit all information necessary to verify the eontinued eli�ibilaty of such business, and the fazlure of such a business shal] automatically terminate its eligibility to participate in the vendor outreach pros ani. (j) Targered vendur deve[opment program. A business which is reoistered as a"targeted vendor" pursuant to section 81.07, Saint Paui Administrative Code, on che effecdve date of this ordinance shall be certified as an SBE, MBE, or WI3$, as the case may be, and shall be ineiuded in the vendor outreach program for a period of six (6} months following the effective date of this ordinance. The director shall notify ali such targeted vendors of the provisions of this ordi�iance. During such six- month period, all such tar�eeed vendors which wish to be fiuther ceriified shall make request to be further certified in conformity with the requirements of this subsection (j). Upon receipt of such a request, the directar shall review any materials previously filed to determine compliance with certification requitements. �Vhere cwrent matenals aze insufficient to determine compliance, additional materials may be requested, Any targeted vendors failin� to submit a request to continue, or failing to subuut all additional materiais which may be requested by the director, will be terminated and will have to submit to a new certificarion process. (C.F. No. 97-840, §], 9-3-97> C.F_ No. 98-779, § 1, 9-23-98) Sec. 84.0& Prime contract bid requiremeats. http:!/�vww.ci.saint-paul.mn.us/code/ac084.html � 1l17/01 JRN 17 2001 13�Sa 6512235198 PRGE.12 JAN-17-01 WED 01�46 PM PORT RUTHORITY _ FAX N0. 6512235198 Y 13/lb Pxge 8 of 11 01—\\a- (a) Evidence. ofcompliance wirh bid rioeumerzu. Each appazent low bidder on a city prime contract is required to submit, before the bid is awazded to it, evidence of its compliance with the requirements of the vendor ouheach program, on such forms as the director may prescribe. Such forms may include a certification by the bidder that the bidder will not use any subcontracts on the particulaz job. Such evidence shall be submitted after the opening ofthe bids, and on or before a date to be established by the director, bu� in no case after the tenth day foilowing the openiag of such bids. (b) CompliaRCe wrth outreach requi�emenrs. Such a bidder shal! submh evidence (1) that it has complied with Che outreach reqwrements of the vendor outreach program specified in subseccion (c) in this section 84.08, and (2) that it sought to entcr into subcontracts with certified SBEs, MBEs and/or WBPs who aze willing and qualified to do the work required by the particulaz subcontrzct. Such evidence shall be submitted on such forms and meeting such requirements as the director may determine necessary to establish that the bidder did comply fully and completely with such outreach requirements. The presence of fraud, misrepresentation, or intentional discrimination by the biddzr shall negate compliance with outreach requirements hzreunder. (c) (Jutrench requirements. The following steps arc requized for compliazice with the outr�ach require�nents of the vendor outreach program m this section 84.08. (1) List eacli possible subcontract opportunity in the prime contract, indicating where possibie the SIC Code of such work, seeking the assistance of the director in ascettaining such subconuact opportunities. (2) Obtain a cunent Iist of certified SBEs, MBEs and WBF.s from the director, which tist shall contain where available the applicable SIC Code or codes for such businesses. (3) Attend all pre-bid conferences to obtain information abaut the vendor outreach pro;ram, the lecels of participation of certified SBEs, MBEs and WBEs, and the outreach requirements herein. (4) kequest assistance from minority and women commiuuty organi,ations, minority and women contractor �roups, or other or�aniutions thai provide assistance in the recruitment and placement of SBEs, MBEs or WTiEs_ (5) Obtain a current list of minonty and women publications from the director. (6) So]icit bids from certified SBEs, i�If3Es and WBEs, which have been identified by the director in consultation with the bidder as being available and capable of performin� the necessary work, for the subcontracts within the prime contract at least ten (10) days prior to bid opening, by phone, advertisement in a local paper and the relevant minority publicatrons on the list obtained from the director, or other means specified by the director, by written notice to the bidder. The bidder for the prime contract must solicit bids from a minimum of five (5) such certified businesses for each subcontract within the prime contract, by SIC Code where available and appticable. Tf the applicab2e certified list, usino the SIC Code or codes where available, is five (5) or fewer, such bidder must contact the entire list. ('n Provide plans and specifications or information regarding the location of plans and specifications to certified SBEs, �IBHs or WBBs. (8) Where appiicable, advise and make efforts to assist incerested SBEs, MBEs and WBEs to obtain bonds, lines of credit, or insurance requued to perform the contract. (9) Submit documentation if bids froin certified SI3Es, �ffiEs or WBEs were rejected, giving the complete basis for the rejection and evidence that the rejection was justifled. http:l/www.ci.saint-paut.mn.us/code/ac�84.hUn1 � 7/17/Oi JRN 17 2001 13�55 6512235198 PAGE.13 JAN-]7-Ol WED 01�47 PM PORT AUTHORITY _ FRX N0. 6512235198 P 14/16 Pa�e9ofli (10) Bidders on prime contracts who continuously list the same certified SBEs, MBBs and WBEs as having bee�i contacted and listed as unavailable, when conuct has previously been unsuccessful as a result ofdisconnected phone numbers or retumed uiail, wili not be deemed to be in compliance with the outreach requirements. (d) Aleernative compliance. Notwithstanding the foregoing, a bidder on a prime conu shall be deemed to have complied with the above outreach requirements of thc vendor outreach pro� if such a bidder submits evidence with iu prime contract bid documents that it has already entered into bindin� contracts with certified subcontractois whose contract daliar amounu meet the levels of par[icipation established for that prime contract. A subcontractor is certified for the purpose of this subsection if it is certified before the award of the contract_ If such bidder submits the name of a proposed subcontnetor to satisfy this program, and ihe subcontractor is not certified before the awazd of the bid, the dollaz amount o� that subcontract will not be counted 'ui determinin� tiie level of pazticiparion of certified SBEs, MBFs and WBEs, and the bid may be rejected as being unresponsive if the bidder has not otherwise complied with the above outreach requirc�nents of thc vendor outreach pro�ram as required by this section 84.08. Bidders shall not couat toward tl�e desired levei of participation any a� eements with businesses that are not located within the marketplace or otherwise do not meet the guidelines as set forth in this ordinance. The bidder may include first and second tier subcontractors and suppliers as meeting the desired leve(s of participation. (C.F. No. 97-840 § 1, 9-3-97; C.F. No. 98-779 § 1 9-23-98) Sec. 84.09. Vendor contract requirements. (a) Dir•ector compliance. The director shall, consistent with applicable laws and statutes relatin� to competitive bidding and awards of conuacts to the lowest responsible bidder, seek where possible and lawful to awazd n portion of vendor contracu to certified SBEs, MBEs and WBEs, in accordance �c°ith the annual levels of parricipation for such businesses established pursuant to section 84.06 above. (b) Outrear.h r•equire»zents. The director shail engage in one ( I) or more of the followinb outrcach steps in order to achieve the desired level ofpazticipation for all city vendor contracts � (I) Solicit bids, proposats or quotations from certified SBEs, MBEs and W}3Es for the vendor conttacts prior fo bid opening by phone, advertisement in a local paper, or other means. (2) Provide plans and specifications or informaAOn regarding the location of plans and specificarions to certified SBEs, MBEs or WB�s. (3) Request assistance from minority and women community organizations, minority and women contractor s oups, or other organizafions that provide assistanee to such minority and women contraetor groups in the recniitment and placement oSSBEs, '_�IBEs or WBEs. (4) Where applicable, advise and make efforts to assist interested SBEs, MBEs and WBEs to obcain bonds, lines of credit, or insurance required to perform the contract. (5) Prepaze and maintain documentation ifbids &om certified SBEs, MBEs or WBEs were rejected, giving the complete basis for the rejection and evidence that the rejection was justified. (c) Unmet Jevels ofparticipurioi:. In the e�•ent that the number and dollar amount of vendor contracts awarded to SFSEs. MBEs and tVBEs does not rise to thc levels of participation that wete eStablished under section 84.06 of this ordinazice, the director shail reexamine the procedures used by the directoz and other city officials for the processing and award of contracts. Where appropriate, the http://www,ci.saint-paul.mn.us/codelac084.htrn1 � i/17/Ol JRN 17 2001 13�55 6512235198 PAGE.14 O \ - \�i- JAN-17-01 WED 01:47 PM PORT AUTHORITY FRX N0. 6512235198 P.15/16 director may seek chan�es in such procedure; by ordinance or administrarive order. Pa?e 10 of I 1 ��—��'�... (C.F. No. 97-840, § 1, 9-3-97; C.F_ No. 98-779, � 1, 9-23-95) Sec� 84.10. Moniforinti and Reporting. (a) Irrspection. The direcYOr is hereby authorized to verify that the certified SBEs, MBEs or V.BEs workin� on any city vendor contract or on any city prime conuact are certified, remain eli� ble and certified, actually performin� the work, and otherwise in comp]iance with the vendor outreach progam. Such verification may be made by on-site inspecbon, requesting written information from the bidder or the subconh or t+y such other means as niay be reasonable. (b) Access ro records. Each certified S$F., MBE or WBE shall, upon request of the director, permit access during normal business hours Co its business work site, records, and files as needed to detetmine conformance with pro�am rc;quirements herein. (c) Ciry reports. Each city department and office shall prepaze reports documenting the levels of participarion established for professional service a�eemenu for the particular fiscal yeaz, and thc results of their effozts to meet those �oals. The Department of Planning and Economic Development shall prepare reports documenting goals established for development and od�er a ant projects under its junsdiction, and flie resules of its efforts to meet those goals. The Division of Contract and AnaIysis Services shaIl prepaze similaz reports for those conh undcr its jurisdiction. These reports shall be filed with the Direetor of Tectuiology and ?vlanagement Services in aecordaiice with established schedules. (d) Xe.port of the director. The director shall annually submit a report to the mayor and city council sununanzing the information eathered pursuant to this section, inciuding information about any othez activiries undertaken by or on behalf of the city to further the objecfives of the vendor ouireach program. The report shall be acailable to program participants and othez interested parties. (C.F. No. 97-840, � i, 9-3-<)7; C.F�. No. 98-779, § 1, 9-2�-98) Sec. 84.11. Bnsiness development. (a) Reserved. (b) Support for SBFs, MBL•'s and W13F.s_ The Director of the Depamnent of Pla�ming and Economic Development shall undertake andlor facilitate any other acrivitics to enhance the viability of SBEs, MBEs and ��EiEs, in ihe marketplace that are authorized by law or progcam, Such activiries may include, but aze not limited to, mentoring, technical assistance proerams, advocacy efforts, encouragin� joint venture formation, collaboration with or�anized labor, and providing financial assistazice. (C.F. No. 97-840, § 1, 9-3-97; C.F. No. 98-779, § 1, 9-23-48) Sec. 84_12. Misdemeanor. Tt sha1l be a misdemeanor for any person to furnish or to provide fraudulent or false information for the purpose of �aining eligibiiity for, or participation in, the vendor outreach program. (C.F. No. 97-840, § 1, 9-3-97; C.F. No. 98-779, § 1, 9-23-98) Sea 84.13. , �.pplicability of other Iaws. hnp:/lwww_ci.saint-paul.mn.us/code/ac084.htm1 iAN 77 2801 13�56 6512235198 1/17/01 PAGE.15 JAN-17 WED 01�48 PM PORT AUTHOR?TY hRX N0. e51«s5iaa r.ioiio Pave l 1 of I 1 01•��} Nothina in this ordinance should be consirued to amend, modify, affect or repeal any provision in any other ordinance or statute that would otheiwise be applicable to SBEs, MBEs, WBBs, or to any person, firm or corporauon bidding on or party to any contract with the City of Saint Paul. (C.F. No. 97-840, § i, 9-3-97; C.F. No_ 98-779, § 1, 9-23-98} http://cvww.ci.saint-paut.mn.us/code/ac084.html 7RN 17 2001 13�56 1/17lO2 6512235198 PRGE.16 ��G►�� Presented by Council File # O �.. \\9, Green Sheet # �3S RESOLUTION �tN� l�, MtNNESOTf�� / �� %,� �. ,6'/ Referred To Committee Date CITY COIINCIL OF THS CITY OF SAINT PAIIL, MINNESOTA RESOLUTION # RESOLIITION Ai1THORIZ2NG THE EXECIITION OF A CONTRACT FOR REDEVELOPMHNT PIITH RESPBCT TO THS RSNOVATION OF THB DOWN'i'OWN SAINT PAIIL DAYTON'S STORE WHEREAS: A. The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA") has previously adopted a redevelopment plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") for the central business district of the City of Saint Paul (the "City"). B. A major objective of both the Redevelopment Plan and the TIF Plan was to prevent the further deterioration of the land and building stock located within the central business district of the City. C. Pursuant to the terms of the Memorandum of Intent, the City and the Port Authority have negotiated a Contract for Redevelopment (the "Contract") with Target Corporation, describing a proposed redesign and renovation of the department store operated by Target in downtown Saint Paul (the "Project") and the responsibilities of the parties with respect thereto. D. Pursuant to the terms of the Memorandum of Intent, the Port Authority and the City have negotiated a Contract for Redevelopment (the "Contract") with Target, describing in more detail the nature of the Project and the responsibilities of the parties with respect thereto. E. Pursuant to the Contract, the Project will have a total cost of at least $20, 000, 000, and will result in the aesthetic redesign of at least some portion of the existing faqade of the downtown store; the renovation of the downtown store; and the continuous operation of at least 160,000 square feet of retail space in a manner consistent with the current standards and practices in place with respect to other department stores operated by Target in Minnesota. F. Pursuant to the Contract, Target shall be responsible for the costs of the Project. The City's sole responsibility shall be to contribute the following: 1. funds in the principal amount of $6,300,000 to the payment of Project costs; and 2. additional funds in an amount not to exceed of $1,500,000 to be applied to the payment of the costs of asbestos removal necessary in connection the Project, pursuant to a program for asbestos removal mutually agreeable to the Port Authority, the City and Target. 13663.1. 0 1-\\?�• The assistance provided by the City shall be for the purpose of renovating Target's downtown Saint Paul department store, which is currently housed in old or decaying building stock, and to provide pollution control or abatement. The total assistance is less than 50� of total Project Costs. G. In exchange for the City contribution described in the preceding recital, the Contract requires Target to pay the City $630,000 annually if the downtown store has not been open and, absent force majeure causes, in continuous operation £or the preceding year. This provision commences on the date the Project is completed, and is effective for a period of ten years from such Project compleCion date. Any payment which Target is required to make pursuant to this provision shall be made on December 31 of the year in question. In addition to the annual payment described above, Target will pay the City $6,300,000 i£ the downtown department store has not remained continuously open, absent force majeure causes, for a period of ten years from the completion of the Project, and remains open on such date. The obligations of Target to make these payments will be secured by a mortgage on the downtown department store, a letter of credit or other collateral mutually acceptable to Target and the City. H. Target would not undertake the Project but for the execution of the Contract. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Saint Paul as follows: Section 1. Negotiation oE Contract for Redevelopment. The Contract providing for the Project described herein and in the presentation to the City Council is hereby approved in substantially the form attached hereto as Exhibit A. City staff and representatives of the Port Authority are hereby authorized to continue all work necessary to finalize the Contract in accordance with the terms of this resolution and the information presented to the City Council at this meeting. Section 2. Execution of Contract for Redevelopment. The Director, Planning and Economic Development, and other appropriate officials of the City are hereby authorized to execute the Contract and any other agreements necessary to consummate the transaction contemplated by the Contract and this Resolution upon being advised by City staff and representatives of the Port Authority that such Contract is in final form. Section 3. Waiver of Living Wage Requirements. In light of the longstanding participation of Target in the City, both at the downtown department store and at other store locations, and in consideraCion of Target's agreement to provide the Ramsey County Workforce Development staf£ with information regarding Target's employment needs at its downtown department store, and to consider, in good faith, and in accordance with its standard procedures, any qualified individuals referred to Target by the City for available positions at the downtown department store, the requirements of the City's living wage ordinance are hereby waived with respect to the construction and operation of the Project. Section 4. Retention of Counsel. Leonard, Street and Deinard is hereby retained to act as counsel to the City in connection with the matters approved by this resolution. Section 5. Financing Source Approval. The use of HRA Downtown Tas - Increment Subordinate Note Payments in the amount of $7,800,000 (or such lesser amount as is needed after application of cleanup grant proceeds) to pay Project costs, including the costs of asbestos removal, is hereby authorized. Section 6. Subordinated Note Advance. The City intends that the foregoing appropriation be considered, upon expenditure, as an advance against the Subordinated Tax Increment Revenue Note (DOwntown and 7 Place Project) issued by the HRA to the City. The City requests that the HRA approve the expenditure as an advance against said Note. 13663.1. o�-��a- Section 7. The City's 2001 Budget is amended as £ollows: Current Amended Budget Changes Bud et FINANCING PT•au 149 City Downtown Capital Projects Fund P6-149-76900-6604-00000 Payment from HR.A on Note - Interest 3,538,737 0 3,538,737 P6-149-76900-6922-00000 Payment from HRA on Note - Principal 1,819,365 7,800,000 9,619,365 Total Financing Plan 5,358,102 7,800,000 13,158,102 SPENDING PLAN 149 City Downtown Capital Projects Fund Wabasha Redevelopment Downtown Skyway Connections Busway Improvements - Smith Ave Parking / Skyway Visitor Signage Professional Services - Downtown Projects Downtown Project Administration �ota1 Current Spending Plan 5,358,102 0 5,358,102 Dayton's Store Project - Store Renovation 0 6,300,000 6,300,000 Dayton's Store Project - Environmental Cleanup 0 1,500,000 1,500,000 Total Spending Plan 5,358,102 7,800,000 13,158,102 Approved by the Council: , 2001 eas a s sent enanav � a ey ,�� os om � i ' o eman �, � - ams �, an �� ei er �. �.: =�- p �� : . QRI�I�AL 13663.1. -. :Adopted by Council: Date _.��. °�, f �.QS�1� 1 Adopfion Certified by Council Secretary $Y� � ' _� Approved by Mayor: Dat� ////�/��-( � �� By: Requested by Department of: � — By: Form Appro�ve by City Attomey By: !/ 1/cs� . � � Approved by or r Submission to Council BY= 1 �i��'.�� r� � �\-\�a• 13663.1 o�-��a— Saint Paul Port Authori GREEN SHEET � No 10? 335 Ken Johnson, Bill Morin 224-5686 � BE ON COUNCILAGHmF BY Eebruary=7, 2001 TOTAL # OF S{GNATURE PAGES 1 Approval of the Contract for Redevelopment between Target Gorporafion and City of Saint Paul ,��,}�r ��, �S'sQB�'23�°,1 �,. � ';�� PLANNING COMMISSION CIB COMMITTEE CML SERVICE CAMMISSION Staff Approval of this Contract for Redevelopment will assist in the interior and exterior rede- sign and renovation of the downtown Dayton (Marshal1 Fields) store. Target Corporation is willing to make a significant investmentand make the commitment and effort to improve this'under-performing sCore providing the City of Saint Paul also con,tributes to the in- , vestment. Target Corporation will commit for a minimum of ten years to the continuous operation at this site of at least 160,000 square feet of retail space in a manner consistent with the current standards and practices in place with respect to Dayton's retail stores. None �._ ,_ . .� .,- -�,: � � G1IYAliOIOEY ❑ CIIYClEO[ � �� a � wmR(oRUesrurtJ ❑ (CLIP ALL LOCASIONS FOR SiGAIATURE) Has nsc a��rm ever Mwlrea icder a mrihaa tartnie depaMknt? YES NO Flae tllis Y�� euer 6een a alY �PbYre? .�.,� _ . � .- ' ' " YES NO - oo� n� �� a sbn oa � nr �r w�rt aiy �awree� rES r�a kmia pe�lfi�m a rarpetea.enaorr VES NO yain all vea ar�as m seoarate aMet and � to arem sheM arvca.n. The potential loss of dovantown Saint Paul's only department store. $20,450,000 WST/REVENUE BUIXSETEDjpRCLE ONq YEE NO souRCe Target Corp./City of St. Paul/ Metropolitan Council ��+co�wro Source of Project Funds Target Corporation City of Saint Paul Metropolitan Council �crnRr �een are Detailed as Follows: $12,650,000 6,300,000 TOTAL $20,450,000 O \ -\\� IN OF THE CIN OF SAINT PAUL _____.-_ J2K TOWERS • 345 ST. PEfER STREET • ST. PAUL MN 55102-1661 January 15, 2001 Brian Sweeney Housing and Redevelopment Authority of the City of Saint Paul, Minnesota 25 West Fourth Street St. Paul, MN 55102 Dear Brian: FAX (612) 223-5198 TOLL FREE (800) 328-8417 • PHONE (612) 224�686 Enclosed for submission to the City Council at its meeting on January 24 is a resolution of the City Council authorizing the Contract for Redevelopment with Target for the renovation of their downtown retail store. We have met with representatives of Target and believe that the Contract is in substantially final form. Although I will be out of town until January 24, you should feel free to call Bill Morin if you have any questions in my absence. Sincerely, �`��--.__.__— Ken Johnson �� r � � a �� F X .�,a :� .�. �: cc: Bill Morin � � C, c �y�f1�^/.n/ `zma1� � 2035362v1 b � -�1}. Drafted: 1/30/2001 2:44 PM �• 1: CONTRACT FOR REDEVELOPMENT By and Between CITY OF SAINT PAUL, MINNESOTA And Y11_\:Ze! I�T[i iZ1]:71�7:7�I�7C�]�I THIS DOCITiVIENT WAS DRAFTED BY: Leonard, Street and Deinard, P.A. 380 St. Peter Street Suite 500 Saint Paul, MN 55102 2010301vt ot-� »-- TABLE OF CONTENTS I'.��`i ARTICLE i - DEFINITIONS 1.1 Definitions ................... ARTICLE 2. — REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS .........................4 2.1 Representations, Warranties and Undertakings by the City ........................................................4 2.2 Representations, Warranties and Undertakings by the Target ....................................................4 ARTICLE 3 — CITY OBLIGATIONS ..............................................................................................................6 3.1 City Contributions ...................................................................................................................................6 3.2 Permits ........................................................................................................................................................7 ARTICLE 4— CONSTRUCTION OF PROJECT ........................................................ 4.1 Consiruction of Project and Payxnent of Project Costs ................................ 4.2 Project Design Pians .............................................................................................. 43 Final Site and Construction Plans ...................................................................... 4.4 Commencement and Completion of Construction ........................................ 4.5 Certificate of Complerion ..................................................................................... 4.6 Restrictions and Requirements for Use ............................................................ 4.7 Additional Responsibilities of Target ............................................................... 4.8 Signage - Credit, Acknowledgments and Notices ......................................... 4.9 No Assessment Agreement .................................................................................. ARTICLE 5 — CASUALTY ..................... 5.1 Casualty .......................................... ........... ..............7 ............................... 7 ................................ 8 .............................. 8 ............................... 9 ............................... 9 ............................... 9 ..............................11 .......................11 ..............................11 12 12 ARTICLE 6 —ASSIGNMENT AND TRANSFER ......................................................................................13 6.1 Prohibition Against Transfer and Assignment ..............................................................................13 62 Subletting/Licensing .............................................................................................................................14 ARTICLE 7— EVENTS OF DEFAULT .................................. 7.1 Events of Default Defined ............................................. 7.2 HRA Remedies on Default ........................................... 'I3 No Remedy Exclusive .................................................... 7.4 No Addirionai Waiver Implied by One Waiver...... 7.5 Reimbursement ofAttorneys' Fees .............................. ARTICLE 8 — ADDITIONAL PROVISIONS ................................ 8.1 No Partnership ......................................................................... 8.2 Conflicts of Interest .........................................................._...... 83 Indemnification ......................................................................... 8.4 No Environmental Indemnification ..................................... 8.5 Titles ofArticies and Secrions .............................................. 8.6 Notices and Demands ................. ..........................._ ... 8.7 Counterparts ............................................................................... ..........15 ..........15 ..........15 ..........15 ..........16 ..........16 ............17 ............17 ............17 ............17 .............17 .............18 ............18 ... .....18 2010301v1 i o�-��— 8.8 8.9 8.10 8.11 8.12 8.13 8.14 EntireAgreement .................................... .................................... Approvals........................................................................................... UnavoidableDelay ...................................................................... Ternrination ............................................................................ T erm ............................ .................................................... ............. Mediation ....................................................................................... Venue .......................- ......-----.............. - - ................... EXHIBITS E�ibit A Eachibit B E�ibit C Exhibit D Exhibit E Reserved Preliminary Budget Affirmative Action/Equal Opportunity Requirements Labor Standards Required by Saint Paul Administrative Code Vendor Outreach Program Requirements .19 ,.19 ..19 ..19 .19 ..20 Zoio3oi�� ii o �-►�� CONTRACT FOR REDEVELOPMENT THIS AGREEMENT is made on or as of February _, 2001, by and between the CTTY OF SAINT PAITL, MINNESOTA, a municipal corporation under the laws of the State of Minnesota (the "Cit}�'); TARGET CORPORATION, a corporation organized and existing under the laws of the State of Minnesota (the "TargeY')_ RECITALS In fiutherance of the objectives of Minnesota Statutes, Chapter 469, the City has previously adopted a redevelopment plan for the central business district of the City (the "Project Area"). The Project Area contains land and buiidings which are in need of redevelopment and reuse in order to enhance the health, safety, and welfaze of the residents of the City. As a result, the City has previously found that the Project Area, together with other adjacent land, qualifies as a"Redevelopment District," pursuant to Minnesota Statutes. In consideration of this Agreement, Target has agreed to renovate and refurbish the downtown retail store (the "Store") operated by Target in the Project Area as further described in this Agreement (the "ProjecY'). The Parties hereto believe that the Project as more fully set forth in this Agreement is in the best interests of the City and wiil renovate old building stock, expand the tax base of the City, expand the job opportunities available to the residents of the City and its surrounding area and will otherwise benefit the health, safety, morals and welfare of the residents of the City, in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2010301v1 o�-�v- ARTICLE 1. DEFINITIONS 1.1 Definitions - In this Agreement, unless a different meaning clearly appeazs from the context: "AcY' means all relevant provisions of Minnesota Statutes, Chapter 469 and Laws of Minnesota 1992, Chapter 376. "AgreemenP' means this Contract for Redevelopment, as the same may be from time to tnne modified, amended, or supplemented in writing. "Ciry" means the City of Saint Paul, Minnesota. "City Contribution" means the funds provided by the City to Target pursuant to Section 3.1(1). "City Council" means the City Council of the City. "City GranY' means the funds provided by the City to Target pursuant to Section 3.1(4). "City Resolution" means the resolution to be presented to the City Council to authorize, among other things, the execution, delivery and performance by the City of this Agreement. "Construction Plans" means the final site and construction plans for the Project in such form and detail as is customarily required by the City for review and issuance of necessary permits. "Event of DefaulY' means an action by any pariy listed in Sections 8.1 or 8.2 of this Agreement. "Final Payment Date" means December 31, 2012. "Memoranduxn of IntenY' means the Memorandum of Intent with an effective date of December 12, 2000 which was entered into by and between the Port Authority and Target with respect to the Project. "Open in Continuous Operation" means, subject to closure for a reasonable period of time as a result of force majeure, the Store has at least 132,700 squaze feet of retail space open to the public and operated in the manner consistent with the current standazds and practices in place with respect to the Dayton's and/or Mazshall Fields stores operated by Target within the State of Minnesota. During the period of remodeling (not to exceed 18 months), portions of the Store (not to exceed 35%) may be temporarily closed to the public and still be deemed Open in Continuous Operation. zoiosoioi Z 01-11+- "Port Authorit}�' means the Port Authority of the City of Saint Paul, Minnesota or any successor or assi�. "Preliminary Budget for the ProjecY' means the information set forth on E�ibit B. "ProjecY' means the renovarion of the downtown Saint Paul department store in the manner described in Section 4.1(1). "Project Area" means the azea included in the downtown redevelopment plan previously adopted by the City. "State" means the State of Minnesota. "Store" means the downtown Saint Paul retail store operated by Target, currently located on the block bounded by Sixth, Seventh, Cedaz and Wabasha Streets, including the existing parking ramp, and the renovations and modifications accompiished by the Project resulting in 132,700 squaze feet of retaii space consistent with current standards and practices in place with Dayton's and/or Marshall Fields stores operated by Target in Minnesota. "Tazget Project Costs" means the costs incurred by Target in connection with the Project, as more fully described in Section 4_l(2). "Unavoidable Dela�' means a forced delay in the performance of obligations which is the direct result of events beyond the control of the City or Target and without their fault or negligence and is caused by: (a) acts of God; (b) acts of the public enemy; (c) acts of the State, Federal, Regional and local Governments (other than the City), including the court systems thereof; (d) fire, floods, epidemics, quarantine reshictions, strikes, severe construction materials shortages, freight, embargoes, and unusually severe weather; (e) delays attributable to the presence of hazardous substances including petroleum and its byproducts, and including MPCA directives regarding environxnental remediation; ( fl delays attributable to items or structures of archeological or historical significance; (g) delays of subcontractors, or (h) delays due to damage, or desmxction of the Project. Unavoidable Delay does not include the unavailability of funds, letters of credit, payment and performance bonds, or credit enhancement for loans. "Zoning Ordinance" means that portion of the Code of Ordinances of the City, designated as such and as amended from time to time. zoioso��i 3 o�-��- ARTICLE 2. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS 2_1 R_pe resentations. Warranries and Undertakines by the Citv. The City represents and warrants that: (1) The City is a municipal corporation duly organized and existing under the laws of the State of Minnesota, and has entered into this Agreement and will perform and observe the covenants and agreements on its part contained herein. (2) The City Resolution has been duly adopted by the City in accordance with applicable procedural requirements and remains in full force and effect as of the date hereof. (3) The execution, delivery and performance of this Agreement by the City, does not and consummation of the transactions contemplated hereby and thereby and the fulfillment of the terms hereof and thereof will not, conflict with or constitute on the part of the City a breach of or default under any existing (a) indenture, mortgage, deed of trust or other agreement or instrument to which the City is a party or by which it or any of its property is or may be bound, or (b) legislative act, constitution or other proceeding establishing or relating to the, establishment of the City or its officers or its resolutions. (4) There is not pending or to the best of the City's knowledge, threatened, any suit, action or proceeding against the City befare any court, arbitrator, administrative agency or other govemmental authority that materially and adversely affects the validity, as to the City, of any of the transactions contemplated hereby, the ability of the City to perform its obligations hereunder, or as contemplated hereby or thereby, or the validity or enforceability of this Agreement or the City Resolution. (5) No member of the City Council or officer of the City, has either a direct or indirect financial interest in this Agreement, nor will any member of the City Council or officer of the City, benefit financially from this Agreement within the meaning of Minnesota Statutes, Sections 4123I1 and 471.87. 2.2 R___pe resentations, Warranties and Undertakin�s bv Tar�et — Tazget represents and warrants that: (1) As of the date hereof: (a) Target is a corparation duly formed under the laws of the State of Minnesota and in good standing under the laws of the State of Minnesota. (b) There are no pending or threatened legal proceedings, of which Target has notice, contemplating the liquidation or dissolution of Tazget or threatening its existence, or seeking to restrain or enjoin the transactions zo�osoi�i 4 o�-��— contemplated by the Agreement, or quesrioning the authority of Target to execute and deliver this Agreement or the validity of this Agreement. (c) Target has been duly authorized to execute and deliver this Agreement. Tazget is not presently in violation of or default under any provision of this Agreement. (d) Neither the execurion and delivery of this Agreement, the consnmmation of the transactions contemplated hereby, nor the fuifillment of or compliance with the terms and conditions of this Agreement is prevented, lixnited by, conflicts with, or results in a breach of, the terms, conditions or provisions of any reshiction or any evidences of indebtedness, agreement or instrument of whatever nature to which Target is now a party or by which it is bound, or constitutes a default under any of the foregoing. (e) Target is not presently aware of any condition or fact which would prevent Target from carrying out and performing its obligations and agreements under this Agreement; provided that this representation does not extend to the performance by the City or other third parties not under TargeYs control, whose acts or approvals aze necessary in order that Target may perform its obligations and agreements. (2) Target or its successors and assigns wili construct the Project in accordance with the terms of this Agreement. (3) Target wili comply with all applicable local, state and federal environxnental laws and regulations, as they relate to the conshuction of the Project and the ownership and operation of the Store. (4) Target wiil obtaan, in a timely manner, ali required perxnits, licenses, and approvals, and will meet, in a timely manner, all requirements of all locai, state and federal laws and regulations which must be obtained or met before the Project may be lawfully undertaken. (5) Target will reasonably cooperate with the City with respect to any litigation commenced by third parties with respect to the Project. (6) Subject to the timely performance by the City of its obligations under Article 3, Target represents and warrants that it has adequate financial capability to and wili complete each of the activities or tasks required by this Agreement by the deadline for each specified on the Preliminary Budget and Schedule of Project, with a cost of not less than $20,000,000. (7) Target would not undertake the Project but for the execution of this Agreement. zoiosoi�t 5 oS.��- ARTICLE 3 CITY CONTRIBUTIONS 3.1 Citv Conhibutions. (1) Citv Contribution - General. In connection with the Project, the City shall conhibute to the economic development of the City and to the Project by paying to Target, as non-shareholder contributions to capital as defined in Section 118 of the Intemal Revenue Code of 1986, funds in the principal amount of $6,300,000, to be applied by Target to the payment of Target Project Costs. (2) Citv Contribution — Deliver�of Funds. The funds to be made available by the City pursuant to the City Contribution shall be delivered to Target as follows: (a) $3,000,000 of the City Contribution shall be delivered to Target contemporaneously with the execution of this Agreement, or at such later date as requested by Target in writing, within ten days after receipt of such request. (b) $1,650,000 upon re-opening to the public, after remodeling, of one floor of the three to be remodeled. (c) The remaining $1,650,000 of the City Contribution shall be delivered to Target upon receipt by the City of the Certificate of Completion required by Section 4.5 of this Agreement. (3) City Contribution — Re�ayment. In exchange far the non-shareholder contributions to capital by the City described in subsection (1), above, Target agrees to pay the City $630,000 on December 31, beginning December 31, 2003 and continuing on each December 31 until December 31, 2012, if the Store has not been Open in Continuous Operation for the preceding calendar year. In addition to the annual payments described in the preceding sentence, Target will pay the City $6,300,000 on the Final Payment Date if the Store has not been Open in Continuous Operation for the prior ten years. The obligations of Target to make the payxnents provided for in this Section 3.1(3) will be secured by a mortgage on the Store, a letter of credit or other collateral mutually acceptable to Target and the City. Such mortgage or other collateral shall be executed and/or delivered by Tazget to the City contemporaneousiy with the delivery of the first installment of the City Conh (4) City Grant - General. In addition to the contribution of funds provided in subsections (1) and (2), above, the City shall aiso provide Target with additional funds, as non-shareholder contributions to capital as defined in Section 118 ofthe Intemal Revenue of 1986, in an amount not to exceed $1,500,000, to reimburse Target for the payxnent of costs of asbestos removal necessary in connection with the Project, pursuant to a program for asbestos removal mutually agreeable to the Port Authority and Tazget. zoiosoi�i o�-�� (5) Citv Grant — Deliverv of Funds. To the extent Project Costs include the removal of asbestos, the City intends to fund the payment of amounts to be contributed towazd those costs from grants from the Metropolitan Council, ar any other applicable agency of government. To this end, Target agrees to provide the City with reasonabie informarion necessary to enable the City to make applicarion in May, 2001, for the necessary grants, and to cooperate with the City in such applications, as more fully provided in Secrion 4.4(2). Subject to the provisions of Section 4.4(2) beginning August 1, 2001, the City shall deliver City Grant funds to Target within 30 days after receipt of invoices and/or other information reasonably satisfactory to City to identify the costs that have been incurred by Target in the removal of asbestos and/or other hazardous materials, and in an amount of such costs, up to a total of $1,500,000. 3.2 Permits. The City shall use ail comxnercially reasonable efforts to help Target obtain any and all necessary perxnits or variances from the City, so that the Project, as approved pursuant to this Agreement and constructed, complies with all City code requirements. ARTICLE 4 CONSTRUCTION OF PROJECT 4.1 Construction of Project and Pavment of Proiect Costs (1) Target, at its sole cost and expense, shall renovate and refurbish the Store in a way that will result in the following modifications: (a) the aesthetic redesign of at least a portion of the existing faqade of the Store; (b) the removal and/or remediation (to the extent required by law, or to such other standard as is mutually agreed to) of any asbestos and other hazardous materials discovered in or at the portions of the Store which are part of the Project in accardance with all applicable laws, ordinances and approvals; (c) The redevelopment of the three middle floars of the Store in a way that results in a department stare containing at least 132,700 square feet of retail space available for use in a manner consistent with the current standards and practices in place with respect to Dayton's and/or Mazshall Fields stores operated by Target in Minnesota. The Project shall also include all f�tures and equipment and other infrastnxcture associated with such renovation. (2) Tazget shall be solely responsible for the Project, and the payment of ali costs incurred by Target in connection therewith, including, without limitation, capital costs, special assessments for improvements which relate to or result from the Project; removal and/or remediation (to the extent required by law) of any asbestos discovered in zoiosor�i � o�-�� or on the Project azea; and "soft" costs such as design and engineering, legal, consulting and project management costs, etc., provided that Target shall be entitled to reunburse itself for a portion of such costs from funds contributed by the City pursuant to Section 31(1) and (2). The expenses incurred by the City and the Port Authority in connecrion with the Project shali be the responsibility of the City and/or Port Authority, and shall not be paid by Tazget. A Preliminary Budget for the Project, showing the estimate of Target Project Costs is attached hereto as Eachibit B. (3) The total Target Project Costs shall not be less than $2Q000,000. 42 Project Desien Plans (1) Target will agree to participate in the City's design review process as to the exterior redesign of the building. The Project will be designed to reflect the design guidelines and the design principles in the Saint Paul on the Mississippi Development Framework. Target shall agree to cooperate and coordinate with the City, and offer the City an opportunity to review and comment upon the proposed exterior redesign. Notwithstanding the foregoing, the City acknowledges and agrees that, to keep the Project on the schedule contempiated by the parties, it is imperative that the design review process commence and conclude as soon as practicai after Target submits a proposed redesign to the City for review. (2) If at any time Target desires to make any change to the design pians a$er they have been finalized, such proposed changes (except for any changes to the interior of the Project that do not impact massing or exterior appearance) shall be submitted to the City and the City's design team for review and comment. 43 Final Site and Construction Plans (1) Target sha11 submit final site and Construction Plans for the construction of the Project to the City for its approval pursuant to applicable code and ordinance requirements. The Construction Plans shall conform to all applicable federal, state, and local laws, ordinances, rules and regulations. (2) If the Construction Plans aze not reasonably approved by the City, Target shall make such changes as the City may require to comply with the City's building code or Zoning Ordinance, provided the Target Project Costs reasonabiy estimated to be incurred because of such charges do not exceed five percent of the Target Project Costs estimated to be incurred prior to such changes. If the reasonably estimated costs to be incurred as a result of such changes exceed five percent, Target and the City shall negoriate such changes in good faith for a period of 30 days to attempt to reduce such incremental cost to within the five percent. Failing that, Target shali have the right to terminate this Agreement by written notice to the City and repayment of any payments made under Sections 3.1(1), (2), (4) or (5). zotosotvt g Ci-1��- 4.4 Commencement and Completion of Construction. (1) Subject to (a) Unavoidabie Delay and (b) timely performance by the City under this Agreement, Target will commence design work necessary on the Project no later than March 1, 2001. The Project will be substanrially completed no later than June 30, 2003. All work with respect to the Project to be constructed by Tazget shall be in substantiai confornuty with the Construction Plans relating thereto as submitted by Target and approved by the City. (2) Notwithstanding anything in this Agreement to the contrary, Target will exercise commercially reasonably efforts to provide the City with its work plan for the removal of asbestos and/or any other hazazdous materials by no later than April l, 2001, and will cooperate with the City to obtain the approval of the Minnesota Pollution Control Agency of that work plan. Tazget will further exercise commercially reasonable efforts to cooperate with the City with its plan to make an application(s) for grant funds to fund the City Grant, which applications wili be due no later than May 1, 2001. Target aclrnowledges that if these deadlines are not sarisfied, the funding contemplated by Section 31(4) will not be available untii the next six month cycle of the MPCA. 4.5 Ceftificate of Com in etion. - Promptly after complerion of construction of the Project, Tazget shall cause to be delivered to the City a certificate of substanrial completion by TargeYs architects, including verification by Target and its architects that the Project has been substantially completed in accordance with the Construction Pians relating thereto. 4.6 Restrictions and Requirements for Use — Target agrees for itself, its successors and permitted assigns, and every related lessee or sublessee of any interest in ar to the Project or any part thereof, that it shall: (1) Affirmative Action/Equal Op ortunity. With respect to construction of the Project, Target shall cause its contractors and subcontractors to comply with the requirements of Section 183.04 of the Saint Paul Legislarive Code and the Rules Goveming Affirmative Requirements in Employment adopted by the Saint Paul Human Rights Commission. TargeYs contactors and subcontractors shall meet the requirements of this subsection by meeting reasonable participation levels, in compliance with the statement of affirmative acrion/equal opportunity requirements attached hereto as Exhibit C and incorporated herein, and by providing all reasonably required information and reports demonstrating such compliance. (2) Labor Standazds. With respect to construction of the Project, the Target agrees to cause its contractors, subcontractors and lower tier subcontractors to comply with the requirements of Secrion 82.07 of the Saint Paul Administrative Code. TargeYs contractors and affected subcontractors shall meet the requirements of this subsection by compliance with the requirements set forth in Exhibit D attached hereto and incorporated herein. zo�osot�� 9 o�-��- (3) Vendor Outreach Pro�ram. With respect to construction of the Project, Target shail cause its contractors and subcontractors to comply with the City's Vendor Outreach Prograzn or equivalent thereof as required by Chapter 84 of the St. Paul Adminish Code. In entering into contracts and subcontracts for the Project, Target shall cause its contractors and subcontractors to meet the requirements of this subsection by compliance with the requirements set forth in Eachibit E hereto and incorporated herein. (4) Contract Documents. With respect to construcrion of the Project Target shall incorporate or cause to be incorporated in all construction contracts for the Froject to which they are a party the requirements of this Section 4.6 and to cause its contractors or prime contractors for the Project to incorporate these Section 4.6 requirements in all subcontracts, including contracts for purchase of materials, for the Project. (5) Livin¢ WaQe Covenants. In light of the long standing participation of Target in the City, both at the downtown Store and at other store locations, the City hereby waives the requirements of its living wage policy with respect to the operation of the Store and construction of the Proj ect. (6) Business Subsidv. The parties hereto agree, based on an opinion of counsel provided by the City, and because the Project involves the renovation of old building stock, the Project, and the City Contribution and City Grant made with respect to the Project, which total less than 50% of the Target Project Costs are exempt from the requirements of Minnesota's business subsidy law. (7) First Source. Target further agrees that, for the term of this Agreement, it will provide on a reasonabie basis the Ramsey County Workforce Development Staff with inforxnation regarding TargeYs employment needs at the Store, and will consider, in good faith, and in accordance with its standard procedures, any qualified individuals referred to Target by the City for available positions at the Store. (8) The undertakings set forth in subsections (1), (2), (3), and (4) of this Article 4.6 shall be in effect for the period from commencement of construction of the Project through the submission of the certificate of substantial completion required by Articie 4.5 of this Agreement, and shall terminate upon Target's compliance with Article 4.5. By performing its undertakings in this Article 4.6, Target will fully and completely satisfy any and all obligations imposed on it by Sections 82, 84 and 183 of the St. Paul Code and any rules and regulations thereunder as a result of TargeYs execution of this Agreement and its participation in the Project. The parties agree that Target has no obligarions under Sections 82, 84, and 183 of the St. Paul Code or the rules and regulations thereunder as a result of TargeYs execution of this Agreement and its participation in the Project except as specifically set forth in this Agreement. (9) The parties hereby agcee that, for purposes of the requirements this Agreement, there is no sepazation between skilled and unskilled labor. zoiosoi�� 10 O1- il?- 4.7 Addirional Resnonsibilities of Tar�et . (1) Target will not construct any buiiding or other structures or improvements on, over, or within the boundary lines of any public utility easement unless such construction is provided for in such easement or has been approved by the utility involved. (2) Target will be responsible far the payment of all sewer availability charges with respect to the Project including all SAC or WAC chazges that may be assessed. The City will neither be responsible for nor bear any portion of the cost of installing the necessary utility connections between the Project and the public utilities. (3) Target, at its own expense, will replace or repair any operative public facilities and public utilities damaged as a resuit of the construction of the Project, to their condition immediately preceding such damage, and in accordance with the technical specifications, standards and practices of the owners thereof. (4) Target will be responsible for the payment of all required application fees for zoning, site plan review and approval, and construction plan review and approval. 4.8 SiQnaee - Credit, Acl�owledpanents and Norices - If construction signage is erected at the Project, Tazget shall, prior to the commencement of construction, at its own expense, erect a sign of reasonable size in a prominent position on the Project indicating to the general public the name of the Project and acknowledging the participation of the City. Target shall also give reasonable notice to the City of ground breaking, opening ceremonies and like events so the City may obtain publicity of and participation in such events. Tazget agrees to assist and cooperate in and with such publicity and participation. Target further agrees that the City shall also have the right to issue press releases concerning the Project, provided that all such press releases shall be subject to prior review and approval by Target. 4.9 No Assessment A�eement. No assessment agreement providing for an agreed assessed value or a minimum tax payment for the downtown Store will be required from Target, and nothing contained in this Agreement shall limit or restrict the ability of Target to challenge or reduce the real estate taaces or special assessments payable on the Store. zoioso��i 11 o � -��- ARTICLE 5. CASUALTY 51 Casual - Target will promptly notify the City in the case of damage or destruction of the Store or any portion thereof, including the Project resulting from fire or other casualty. If the Stare is closed as a result of such damage or destruction, and is not repaired and re-opened after a reasonable period of time, the Store will be deemed not to be Open in Continuous Operation for purposes of Secrion 3.1(3). Notwithstanding any provision of this Agreement, if the damage or deshuction occurs within the last 18 months prior to the Final Payment Date, and Target chooses not to rebuild and re-open the Store, the payment which will be due from Target under the second sentence of Section 3.1(3) on the Final Payment Date will be equal to $6,300,000 rimes a fraction the numerator of which is the number of months remaining between the date on the Store's closure (up to a maacimum of 18) and the denominator of which is 120. zatosoivi 12 61- �\�-- ARTICLE 6. ASSIGNMENT AND TRANSFER 6.1 Transfer and Assienruent. (1) Target represents and agrees that, in connection with any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Store or any part thereof or any interest therein, or any contract or agreement to do any of the same except by way of security for, and only for, the purpose of obtaining fmancing necessary to enable Tazget or any successor in interest to the Store, or any part thereof, to perform its obligations with respect to constructing the Project under the Agreement, any proposed transferee shall expressly assume all of the obligations of Target under this Agreement and agree to be subject to all the conditions and restrictions to which Target is subject, by instruxnent in writing reasonably satisfactory to the City. For purposes of this requirement, it is agreed that the transferee must specifically acknowledge the requirement of Section 3.1(3). The fact that any transferee of, or any other successor in interest whatsoever to, the Store, or any part thereof, shall not have assuxned such obligations or so agreed, for whatever reason, shall not relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or conirols with respect to the Project ar the construction of the Project thereon. It is the intent of this Articie 6 together with other provisions of this Agreement that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Store or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Store and the construction of the Project thereon that City would have had, had there been no such transfer or change; (2) In the absence of the specific written agreement by the City to the contrary, no such transfer (whether ar not approved by the City) shali be deemed to relieve Target, or any other party bound in any way by this Agreement or otherwise, with respect to the construction of the Project or the payment of amounts due hereunder, from any of its obligations with respect thereto. (3) Notwithstanding the foregoing provisions of this Section 6.2, Target may sell, transfer, assign or convey this Agreement and/or the Project to an"Affiliate" of Target. For purposes of this provision, the term "Affiliate" means with respect to any party (a) any corporation, partnership, limited liability company or other business entity or person controliing, controlled by or under common control with such party, and (b) any successor to such party (ar to any Affiliate of such party, as long as the requirements of clause (a) continue to be met) by merger, acquisition, reorganization or similar transaction invoiving all or substantially all of the assets of such party (or such Affiliate). zoioso��t 13 o�-�� For purposes hereof, "controlling," "controlled b}�' and "under common control with" shall mean, with respect to any corporation, partnership, lunited liability company or other business enrity, the possession, directly or indirectly, of the power to direct or cause the direction of management policies of such enrity, whether through ownership of voting securities or otherwise. 62 Sublettine/I,icensing. Notwithstanding the foregoing, no sublessees or licensees of Target shall be required to comply with or assume the obligations of Target under this Agreement, provided such sublessees or licensees operate departments within the Store. Spaces which aze operated as retaii space under subleases and/or licenses shall be included in determining whether those parts of the Store aze Open in Continuous Operation. zoiosoi�� 14 o�-��— ARTICLE 7. EVENTS OF DEFAULT 7.1 Events of Default Defined - The following shall be "Events of Default" under this Agreement and the term "Event of DefaulY' shail mean, whenever it is used in this Agreement (unless the context otherwise provides}, any one or more of the foliowing events: (i) Failure by Target to observe and perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, within 30 days after written notice to Target specifying such failure and requesting that it be remedied (or within such other period as otherwise expressiy provided in this Agreement), or within such further period of time as is reasonably necessary to cure such failure, but only if Target has within 30 days provided the City with assurances deemed adequate by the City that Target will cure the failure as soon as is reasonably possible. (2) Failure by the City to observe and perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, within 30 days after written notice to the City specifying such failure and requesting that it be remedied (or within such other period as otherwise expressly provided in this Agreement), ar within such fitrther period of time as is reasonably necessary to cure such failure, but only if the City has within 30 days provided Target with assurances deemed adequate by Target that it will cure the failure as soon as reasonably possible. 7.2 Citv Remedies on Default - Whenever any Event of Default occurs, the non- defaulting party may take any one or more of the following actions: (1) Suspend performance under tkus Agreement until it receives assurances from the defaulting party, deemed adequate by the non-defaulring party, that the defaulting party will cure the default and continue its performance under this Agreement. (2) Take whatever action at law or in equity may appear necessary or desirable to the non-defaulting party to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, ageement, or covenant of the defaulting party under this Agreement. 73 No Remedv Exclusive - No remedy herein conferred upon or reserved to any party is intended to be exclusive of any other available remedy ar remedies unless otherwise expressly stated, but each and every such remedy shall be cuxnulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right ar power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other than such notice as may be required in this Article 7. zoioso�� 15 01 7.4 No Addirional Waiver Im�lied bv One Waiver - If any agreement contained in this Agreement should be breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 7.5 Reimbursement of Attomeys' Fees. If either party to this Agreement shall default under any of the provisions of this Agreement, and the other parly shall employ attomeys or incur other reasonable expenses for the coliecrion of payments due hereunder, or for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting pariy contained in this Agreement, the defaulting party will on demand therefore reimburse the other party for the reasonabie fees of such attorneys and such other reasonable expenses so incurred. zoiosoi�i , 16 � t- �\'� ARTICLE 8. ADDITIONAL PROVISIONS 8.1 No Partnershiv - Nothing herein shali be construed to create a parinership or joint venture between or among Tazget and the City, nor shall anythiug herein be construed to create a fiduciary relationship between the Parties as to any activity described herein. 8.2 Conflicts of Interest - No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, parinership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to Target, any successor in interest, in the event of any defauit or breach by the City, or for any amount which may become due to Target, successor or on any obligations under the terms of this Agreement. No employee of Tazget shall be personally liable to the City in the event of any default or breach by Target or for any amount which may become due to the City or its successors, or on any obligations under the terms of this Agreement. 83 Indemnification Target will pay, and will indemnify and save the Port Authority and the City, their agents, officers and employees, harmless from and against all liabilities, losses, damages, causes of action, suits, claims, demands, and judgxnents of any nature including reasonable attorneys' fees, because of bodily injuries to, or death of, any person and because of damages to property, including loss of use from any cause whatsoever, arising out of, incidentai to, or in connection with the use, nonuse, ownership, condition, or occupancy of the Stare, or with the construction or operation of the Project, due to any acts of omission or commission, including negligence, of Target, or any contractor or their employees or agents; provided, however, that TargeYs oblagations shall not extend to any cause of action arising out of or relating to any act of omission ar commission of the Port Authority or the City, their officers, employees, or agents. TargeYs liability hereunder shall not be limited to the extent of insurance carried by or provided by Target or subject to any exclusions from coverage in any insurance policy. 8.4 No Environmental Indemnification. The City makes no warranties or representations regarding, nor does it indemnify Target with respect to, the existence or nonexistence on or in the vicinity of the Store any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyis, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous substance as defined in the Comprehensive Environxnental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 961-9657, as amended) (collecrively, the "Hazazdous Substances"). The foregoing disclaimer relates to any Hazardous Substance allegedly generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on or in the vicinity of the Project Area, as well as any activity clauned to have been undertaken on or in the vicinity of the Project Area that would cause or coniribute to causing (1) the Project Area to zoiosoi�� i� �1—�\} become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Project Area within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. § 691 et s�., or any sunilar state law or local ordinance, (2) a release or threatened release of toxic or hazazdous wastes or substances, pollutants or contatninants, from the Project Area within the meaning of, or otherwise bring any Project Area within the ambit of, CERCLA, or any similar state law or local ordinance, or (3) the dischazge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a pemut under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et se . or the Clean Air Act, 42 U.S.C. § 741 et sea•' or any sunilar state law or local ordinance. Further, the City makes no warranties or representations regarding, nor does the City indemnify Target with respect to, the existence or nonexistence on or in the vicinity of the Project Area of any substances or conditions in or on the Project Area that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements, including without limitation, the Minnesota Environxnental Response and Liability Act, Minnesota Statutes, Chapter 115B ("MERLA"), and the Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 115C. The City makes no representations or warranties regarding the existence of any above ground or underground tanks in or about the Project Area, or whether any above or underground tanks have been located under, in or about the Project Area and have subsequently been removed or filled 8.5 Titles of Articles and Sections - Any titles of the several parts, articles, and sections of this Agreement are inserted far convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 8.6 Notices and Demands - Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this A� by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of Target is addressed to or delivered personally to Target at: ATTN: Target Corparation Property Development, 1000 Nicollet Mall, Minneapolis, MN 55403, Attn: Property Administration; (2) in the case of the City, is addressed to or delivered personally to the City, AT1`N: at City Hall Annex, 25 West Fourth Street, Saint Paul, Minnesota 55102 with a copy to the Office of the City Attorney, 400 City Hall, Saint Paul, Minnesota 55102; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forwazd to the other as provided in this secrion. 8.7 Counter�arts - This A�eement is executed in any number of counterparts, each of which shall constitute one and the same instrument. zoiosm�i 18 o�-�� 8.8 Entire Aazeement - T'his written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreement including, but not limited to the Memorandum of Intent. 8.9 Annrovals - Wherever in this Agreement the consent, satisfacrion or approval of any party hereto is required, necessary or requested, such consent, satisfaction or approval shall not be unzeasonably withheld or unduly delayed. 8.10 Unavoidable Delav - The representations, warranties, covenants, performance requirements, and undertakings of each of the parties to this Agreement aze subject to and may be delayed by Unavoidable Delay. 8.11 Termination (1) Except as provided in subsection (2), below, upon delivery to the City of certificates of substantial completion for the entire Project, this Agreement shall terminate and be of no further force and effect. (2) Notwithstanding the provisions of subsecrion (1), above, the following provisions of this Agreement shall survive the terminarion effected under subsecrion (1), and shall continue in effect until the date on which a11 payments due under Section 3.l (3) have been fully paid, forgiven or waived: (a) Section 2.1 — Representations, Warrailties and Undertakings by the City. (b) Section 2.2 — Representations, Warranties and Undertakings by Target. (c) Section 3.1(3) — City Contribution — Repayxnent. (d) Section 4.6 — Restrictions and Requirements for Use. (e) Section 4.7 — Additional Responsibilities of Target. (f� Section 4.9 — No Assessment Agreement. (g) Article 6- Assignment and Transfer (h) Article 9 with respect to additional provisions. 812 Texm - Except as provided in Section 8.11, above, the term of tkus Agreement shall be from the day and yeaz first above written until the date on which all payments due under Section 3.1(3) have been fuliy paid, forgiven or waived. zmosorv� 19 o�-►►�-- 8.13 Mediarion — All claims, disputes or other matters in question between the parties to this A�eement arising out of or relating to this Agreement or breach thereof, shall be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties aze unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similaz person, to select a person from its list of qualified neutrals. The mediation shall be attended by employees or agents or each party having authority to settle the dispute. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defenses based on the passage of time are toiled while the mediation procedures are pending, and for a period of 30 days thereafter. 8.14 Venue — All matters, whether sounding in tort or in contract, relating to the validity, construction, performance, or enforcement of this Agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota, and Target agree that all legal actions initiated by Tazget with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued exclusively in the State of Minnesota, Ramsey County, District Court. [SIGNATURE PAGES FOLLOW] zoio3oi�� 20 o�-�i�- IN WITNESS WfIEREOF, the Parties have caused this Agreement to be duly executed in their names and behalf on or as of the date first above written. Approved as to Form Attomey CTTY OF SAINT PAUL By: Its: [Signature Page to Redevelopment Agreement by and among the the City of Saint Paul, Minnesota and Target Corporation] 2010301v1 1966598v1 .S-1 o� _ i r�-- TARGET CORPORATION � 2010301v1 1966598v1 [Signature Page to Redevelopment Agreement by and among the the City of Saint Paul, Minnesota and Target Corporafion] S-2 Ot-1��- r��:3�i� [Reserved] zo�o3ot„i A-1 o�-»� EXHIBIT B Preliminary BudQet AT'I'ACHED zmosoi�i g_I <� DAYTON'S ST. PAUL REMODEI. �UDGET BREAKDOWN [kscn tion , terior Remodet ' Incladed in the remodel are all new flooring maxerials, dcywall & acoustical ceilings, upgraded light levels, paint & waifcoveriug, lilso incocporated into the remodel will be updated restrooms, Deti Foods, Candy end Starbucks Coffee Shops. ]F�xisring Parking Ramp Upgrade Includes paint and lighting upgrades to improve appearauce and function. Bud¢et $16,923,OOQ $456,000 lqzterior Improvemeats 51,571,000 Inciudes new e�rance canopies on the Wabasha Street Entrances with new building signs to reptace existing sigoage. Exterior brick cleaning and necessary tuckpointing repairs aze also Included. �sbestos Abatement ' Includes demolirion and abatement of materials as identified by the Tazget Environmental Group Tatai Project Badget 51.500.000 520,452,OQ0 o�-i��- dt-1��- EXHTBIT C Affinnative Action/Equal Opporhmitv Requirements ATTACHED zoio�m�i • C-1 DEPARTNIENT OF HUMAN RIGHTS W. H. Tyrone Terrill, Director CIT'Y OF SAINT PAUL Nornt Coleman, Mayor 900 City Haf! Telephone: IS iV. KelloggBoulevard Facsimile: Saint Paul, M•W S.i102-1681 TDD: 01-1�i- 6�1-266-8966 651-266-8963 651-266-8977 AFFIRI�IATIVE ACTION/EQUAL EMPLOYMEI�IT OPPORTUARTY REQUIREMENTS CONSTRUCTION CONTRACTS Section 183.04 of the Saint Paul Legislatice Code (Human Rights Ordinance) and the Rules Governing Affirmative Requirements in Employment set forth the �rma6ve Acflon Requiremencs w•hich aze to lx incocporated into and made a part of every conuact entered into by the City of Saint Paul. These documents aze acailable on the Saint Paul Human Righu DepartmenPs Web Site x�c ci.sroaul.mn.w:dents/lmmanri,hts/, at the DepartmenPs office at 900 City Hall, Saint Paul, Minnesota, or by caliing the Department at (651) 7b6-8966. T'he Saint Paul Department of Human Rights is responsible for monitoring the Contract Compliance Prognm to deteanine whether or not persons or firms doing business with the City are mmptying with Szciion 183.Od of the Human Rights Ordinance and the Rules. As stated in Secflon 183.04, the contractor will not discriminate against any emplo}�ee or applicant for employmzn[ because of race, creed, religion, sex, se�w�l or affectional orientation, color, national"origin, ancestry•, familial status, agz, disability, macital status or status with regard ro public assistance. Employers who con[ract with the Ciry of Sain[ Paul mus[ do more [han merely avoid discriminatory practices. They must adopt and implement affirmatice action programs to employ �•omen, minocities, and people �tith disabilities. The contractor must also include the Afficmatice Action provisions of the Human Rights Ordinance and the Rules in every subcontract, purehaze order, or agreement �rith any subcontractor (including material suppliers and subconuactocs who enter into a contract with another subcontraMOr or material supplier), «ith stipulations tk�at [he subcontraMOr is bound by the temu thereof. A contractor's good faith affirmative acaon efforts in the emplo}'ment of a•omen, minorities, and people with disabilities �tiill be taken into wnsidecaaon in the a�Yarding of a cantract. It is the contractor's responsbility to become famitiar and comply with the City's requirements and to ensure that their subcontractors compl}� with them. AFFIRMATIVE ACT'ION PROGRAM REGISTRATION Every contracior or subcontractor whose total accumulated contract or subcontract anards from the Ciry of Saint Paul ocer the preceding vxelve months has ezceeded 550,000 must complete and submit to the Department an Affirmatic•e Acdon Program Registraflon, throu�h whieh the contractor certifies it has deceloped and is implemenfing an effecfice Affirmatice Action Program, substan6ally similaz to the DepartmenPs Modzl Affirmative Action Program for Consuucdon Contractors, �ciuch shall include hiring g�als for the employznent of �comen and minorities in the contractor's office and construcaon �rrorl�'orces. Once the �nnative Acdon Program Registrauon form is compieted and accepted by the Saint Paui Human Rights Department, the conuactoc ��ill be notified by letter. The Regisuation is calid for bvo (2) years. At the end of the rn•o-year period, the conuactor must complete and submit a new Registration form. A Model �rmative Acdon Pro¢ram is available from the Saint Paul Human Ri¢hts Denartment on their Web Paee or bv call (6511266 8966 A Model Modified Affirmatice Aaion Proetam is aFailable for contractors r�ith rir�enn (201 or fec�•er emolo�•ees. M�rtnati�'e A�tio�y Equat Oppurtunity Employer Affirmativc Action Requircments Continucd Pagc 2 Q�' �� Contractors, subcontractors, and major material suppliers are also required ro submit to the Saint Paul Department of Auman Rights all of their job openings in the eleven (11) rnunty Minneapolis/Saint Paul Metropolitan Statistical Area (Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherbume, Washington, Wright) and Pierce and St. CroiY, W isconsin rnunues) when they are posted or advertised. The job openings may be fa�ed to the DepaRment at (651) 266-8962 using the Department's Job Opening Fax Memo form. CONSTRUCTION PROJECT GOALS AFD REOUIRED DOCUMENTATION: The empioyment utilization goa(s for consfruction projects are: 9.4% Femaie skilled plus unskilled work 6ours, 14.3% Minority sl:illed ptus semi-s1:illed craft hours, and 15.4% Minority unskit{ed laborer hours. Contractors must actively demonstrate their good faith efforts to meet or ezceed these goals. CONSTRUCTION CONTRACTORS AA'D SUBCONTRACTORS WILL ALSO BE REOUIItED TO SUBMTT THE IDENT'IFICATION OF PRIIvfE CONTRACTORS AND SUBCONTRACTORS - FORM CPF-3 The Identification of Prime Conuactors, Subcontractors, and Major Material Suppliers form must include all lower tier subcontraciors and material suppliers. The names, addresses, telephone numbers, start date, completion date and natura of work musfbe listed for the prime contractor, u well as all subcontractors (including all major material supplien). The Iden�cation of Prime Contractors, Subcontractors, and Major Material Suppliers form must be submitted prior to the start of consuuction and updated as new subcontractors aze added. PAYROLL REPORTS OR MONTHI,Y EMPLOYMENT ilTIUIZATION REPORTS The contractor and all subcontractors actually performing work on a wnstruction project must submit weekly payzoll records ("Modified" Federal Form WH-347) and must include ali of the information requested on this form. Computerized Payroll Reports may be substituted if they include all of the infocmadon on the "Modified" Form WH-347. PayT011 records aze to be submitted seven (7) days following the end of each payroll period. Contractors on certain spec�ed non-federally funded consuuction projecu may be allo«•ed to submit MonUily Employment Utiliza6on Reports (MEin in lieu of the weekly payroll reports. MEU Reports aze to be submitted seven (7) days following the end of each month. The repocting requirement will be announced at the Preconstruction or Project Ufili�afion Conference. ' WEEKLY REPORT OF SUBCONT'RACTORS ON 70B SITE For specified projects, these reports should be completed by the project foreman and submitted along with the weekly paproll records or the monthly employmen[ utilization repocts. EQUAI. £MPLOYMENT OPPORTi3NITY POSTERS must be posted at the consiruction site and also in the offices of the contractor and all subcontractors. These posters can be obtained from ihe Saint Paul Human Rights Departmenc PRECONSTRUCTION OR PROJECT UTII.iZATION CONFERENCE After the rnntract has been awarded, but before const:uction begins, the developer and prime contractor and all subcontrac[ors that Y�ace been selected to cvork on the project will be required to meet (at a Pieconstruction Conference or Project Utilization Conference) tivith the Human Ftights Specialist that has been azsigned to monitor the projecc This coaference will be held to discuss the udlization goals for minoriry and female skilled and unskilled workers, how the goals will be met, and any problems that ma}� affect the project's ability to achieve the goals. qn Afl'umative Accioq Equal Opportunity Employcr pffirmati�c Action Requirements Continucd Pagc 3 �1-11�- The prime contraaor and each subcontractor «�tl complete and submit to the Human RighGS Specialist the Project Empioyment Utilizadan foan (PEU) indicating the Totat Number of Project Work Hours they anticipate it will take to complete their por[ion of the work on the consttuction project, the Total Female Work Hours, Total Skilled Work Hours, Total Minority Skilled Work Houn, Total Unskilled Work Hours, and the To[al Minoriry Unskilted Work Hours. The cantractor and subcontracton must indiqte on the bottom of the PEU form how they will meet the goals, through their intemal work force or by hiring addiflonal empioyees. If they are unable to meet the goals they must indicate the reason of the bottom of the PEU form and include the name, job tide, race, gender and hire date for all current employees in the job categories which will be used on this project. These forms must be submitted to this office as near to the start of the project as possible for as many subcontractors as you have hired. They must also be submitted as }�ou hire additional subcontractors ducing the project. The developzr and prime contractor has the contractual responsibilin to ensure that the project achieces the utilizadon goals. However, each subcontractor that the prime contractor hires to work on the projut must azsist the prime contraMOr to meet the gmject's goals. ConsequenUy, each subcontractor is also required to achieve or make every good faith effort to achieve the respecflve utilization goals in proportion to [he number of consttuc8on hours they anucipate i[ will take to complete their portion of the construction. Once the project has begun, the Human Rights Department staff will conduct periodic on-site inspections at the project site in order to verify [he employment of minority and female employees. CONTRACTOR CObiPLL�.NCE REV[EWS: The Human Rights Department staff �rill monitor the contractor's and subcontractors' affirmative action efforts and results. On-Site Compliance Re��ews will be conducted on the �vork force of contractors, their subconuactors and material supplien ttiat enter into contractual agreements w�th the City of Saint Paul. The purpose of the review is to determine the eontiactors' compliance with the �ules, regulalions and orders of Section 183.01 of the Human Rights Ordinance. On-site reviews include, but aze not limited ro, re�ie«ing thz implementation of the wntractor's Affi�mative Action Program, personr.el polici:s and procedures. Contrac[ors and subcontractors maq be required to provide addi[ional documentauon in ordzr to determine whether or not they aze making measurable improvements in the turing of minority, female and disabled penons, includino, but not limited to: 1. Good Faith EffoRS Questionnaire 2. Applicant Flow Data 3. Employee Turnocer Data 4. Documen[ation Supporting Dissemination and Implementation of EEO/AA Policies. 5. Documentation Supporting Recniitment Effocts. Failure to comply �rzth any' of tlie requirements set forth above is sufficient grounds for disciplinary or remedial actions pro�ided for under Article IV of the Rules; namelc: 1. Termination of the contraa; 2. Suspension of the contract until corrective steps aze taken; 3. Conanuaaon of the contract subject to the imposirion of conditions to correct the noncompliance; 4. Declaration that the contractor shall be ineligible to bid on future contracts either permanently or for a stated time; or 5. A combination of Ihe above. It is imperative that contractors ��'ho are bein; considered for contracts of 550,000 or more contact the Human Rights Depactment to obtain cogies of the requirements and documents in order to expedite the Affirmative Action reciewing process. If you have any questions, please contac[ a Human Rights Specialist at (651) 266-8966. Effecflce Q 1101/Ol M Affumative A�.tio�4 Equal Opportunity En+ployn DEPARTMENT OF HUMAN RIGHTS W. H. Tyrone Tertill, Director b1-11�— SAINi TAU L � AAAII CITY OF SA1NT PAUL Norm Coleman, Mayor AFFIRNIATIVE ACTION/EQUAL EbSPLOYMENT OPPORTUNTTY CONTRACT SPECIFICATIO�tS These AFFIRMATIVE ACTION/EQUALEMPLOYMENT OPPORTiJNITY CONTRACT SPECIFICATIONS shall apply to all _contractors on all City contracts. Contractors shall include these specifications in all lower tier contracts on all City contracts. 900 Ciry Hall Te(ephone: 15 W: Kellogg Boulevard Facsimile: Saint Pau[, MN 35102-1681 TDD: 651-266-8966 651-266-8962 651-2b6-8977 Every contractor or subcontractor whose total accumulated contract awards from the City of Saint Paul over the preceding twelve months has exceeded $50,000 must complete and submit to the Department an �rmative Action Program Registration form, through with the contractor ceRifies it has developed and is implementing an effective Affirmative Action Program substantiatly similar to the DepartmenYs Model Affirmative Action Program. Once the Affirmative Action Program RegisTration is completed and accepted by the Saint Paul HumanRights Department, the contractor will be notified by letter. Registration is valid for two (2) years, during which time the contractor may be selected for a compliance review. At the end of the two-year period, the contractor must complete and submit a new Registration form. 2, The contractor shail imQiement the specific equal emptoyment opportunity/affirmative action provisions outlined in paragraphs 3(A) to 3(G) of these Specifications and ai! the provisions of their Affirmative Action Plan. 3. The contractor shall take specific action to ensure equal emp(oyment opportunity. The evaluation of the contractor's compliance with these specifications must be based upon its effort to achieve maximum resuits from its actions. The contractor shall document these effoRS fully and shall implement affirmative action steps at least as extensive as the following: A. The contractor shall designate a responsible official to monitor the employment related activiry to ensure that the contractor's equal employment opportunity policy and Affirmative Action Plan are being implemented, to keep appropriate records, and to submit reports relating to ti�e pro�isions hereof as may be required by the Saint Paul Human Rights Department. B. Nfake every good faith effort to maintain a workin� environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor shall specifically ensure that all Lead supervisors, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities, w�omen, and individuals with disabilities �vorking at such sites or in such facilities. M�mutive Action, Equal Opportunity Empby'a Page 1 of 4 o►. ��-- C. Establish and maintain a face-to-face relationship. with recruitment sources for minorities, women, and individuals with disabilities. Document meetings and telephone contacts involved in such. Provide written notification to recruitment sources for minorities, women, and individuals with disabilities and to community organizations when the contractor or its unions have employment opportunities availabie, and maintain a record ofthe organizations' responses. D. Disseminate the contractor's equal employment opportunity and affirmative action (EEO/AA) policy by providing a copy ofthe policy to all applicable unions and training programs. Request the cooperation of unions and training programs in assisting the contractor in meeting its equal empioyment opportunity obiigations. Include the EEO/AA policy in all policy manuals and collective bargaining agreements. Publicize the EEO/AA policy in the company newspaper or annual report. Review the policy with all employees, including management personnel at least once a year. Post the EEO/AA policy on bulletin boards or other places accessible to ail employees at each location where work is performed. Distribute the EEO/AA policy to all employees, including temporary, seasonal, and part-time employees and to all independent contractors. E. Review, at least annualiy, the contractor's equal employment opportunity policy and affirmative action obligations with ali emp(oyees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions. A written record shall be made and maintained identifying the time and place ofthese meetings, persons attending, subject matter discussed, and disposition of the subject matter. F. Direct its recruitment effoRs, both oral and written, to community organizations oriented toward minorities, women, and individuals with disabilities, to schools with significant numbers ofstudents �vho are minorities, women, and individuals with disabilities, and to recruitment and training organizations oriented toward minorities, women, and individuaks with disabilities secving the contractor's recruitment area and employment needs. G. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have discriminatory effect. Continually monitor all personnel and employment related activities to ensure that the equal employment opportunity policy and the contractor's obligations under these specifications are being carried out. 4. The contractor, in fulfiliin� its obli�ations under these Specifications, shall implement spec�c affirmative action steps, at least as extensive as those standards prescribed inparagraph3(A} to 3(G} herein, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of Section 183 of the Saint Paul Legislative Code, its implementing rules, or these Specifications, the Director may proceed with appropriate sanctions, inciuding: suspension, teanination, and canceliation of existing contracts. 5. The contractor shall not enter into any contract �vith any person or firm debarred from govemment contracts under section 183 of the Saint Paul Legislative Code, Chapter 139 of the Minneapolis Ordinances, the federal Executive Order 11246, or whose state certificate of compliance has been suspended or revoked pursuant to hlinnesota Statutes, Section 363.073. M pffumatirc Actioq Equal Opportunity Employer Page 2 of 4 o�-��s- 6. Thecontractorshallimplementsuchsanctionsforsubcontractors'violationsoftheseSpecifications, including: suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Section 183 ofthe Saint Paul Legislative Code and its implementing rules. Any contractor who fails to implement such sanctions shall be in violation of these Specifications and Section 183 ofthe Code. SUPPLEMENTAL CITY EQUAL EMPLOYMENT OPPORTUIVTTY/AFFII2MATIVE ACTIO\' CONTRACT SPECIFICATIONS FOR CONSTRUCTION CON"I`RACTS 7. The following Supplemental EEO/AA Specifications shall appiy to atl contracts for construction work on all City-assisted contracts. Ail contractors shall include these Supplemental EEO/AA Specifications for construction contracts in all lower tier contracts for construction work. 8. The goals set foRh be(ow for City-assisted construction projects of $50,000 or more are expressed as a percentage of the total hours of employment of minority and female utilization the contractor shatl reasonably be able to aclueve in the construction trade. Separate goals for skilled minorities, unskilled minorities, and for women (skilled and unskilled) have been established: Women - 9.4% of all project work hours. Minority Skilled - 143% of all skilled project work hours. Minority Llnskilled - 15.4% of ail unskilled project work hours. 9. After the contract has been awarded, but before construction begins, all contractors that have been selected to work on the project will be required to meet in a Pre-Construction Conference with the Human Rights Specialist that has been assigned to monitor the project. This conference will be held to discuss theutilization goals for minority and women, skilled and unskilled workers, how the goals will be met, and any problems that may affect the project's ability to achieve the goals. 10. Every contractor must submit the Identification of Prime Contractors, Subcontractors and Major Material SupplierForm (CPF-3). The names, addresses, telephone numbers, start date, completion date and nature of work must be Visted for the contractoc, as well as all lower tier contractors (including material suppiiers). 11. All contractors must complete and submit to the Human Rights Specialist the Project Employment Utilization (PEin form indicatin� the total number of project work hours they anticipate it will take to complete their portion of the work on the construction project, the total womenwork hours, total skilled work hours, total minority skilled work hours, total unskilled work hours, and the total minority unskilled work hours. All contractors must indicate on the bottom of the PEU form ifthey will meet the goals throu�h their intemal work force or by hiring additional employees. If they are unable to meet the goals they must indicate the reason at the bottom of the PEU form. These forms must be submitted to the Saint Paul Department of Human Ri�hts before the start of the project. qn AH'umativc Actioq Equal Opportunity Empbyer Page 3 of 4 61 —1��— 12. All contractors actually performing work on a construction project must submit weekly payroll records (Department modified Federal Form WH-347) on a timely basis and must include all ofthe information requested on this form. Computerized Payroll Reports may be substituted if they include all ofthe information on the modified Form WH-347.Contractors on specified non-federally funded construction projects may be allowed to submit Monthly Employment Utilization (MEU} Reports on a timely basis in lieu ofthe weekly payroll reports. Contractors shall keep said paycolls records for three years. 13. Should the contractor fail to make every good faith effort to meet the goals for participation of women and minodties set forth in these Specifications, the Director may take appropriate measures to sanction said contractor pursuant to these specifications and Section 183 of the Saint Paul Legislative Code. Effective 7anuary 1, 2001 M Afl¢ma[ive Actioq Equal Opportunity Employa Page 4 of 4 �:ii: � Labor Standards Required bv Saint Paul Administrative Code ATTACHED Ot -\1'�- zoio3oi�i D-1 LITTLE DAVIS-BACON LABOR STANDARDS FACT SHEET a , _,,,.... ♦ For applicable contracts of $10,000 or more funded with locallCity dollazs, all laborers and mechanics working on the job site must be paid weekly prevailing rates (including fringe benefits). ♦ Post Prevailing Rates Schedule and "Notice to All Employees" on the job site in a highly visible location. ♦ Payroll reports must be made available upon request to the designated labor standuds conVact administrator. All timekeeping records (including timecards, work logs, payroll checks and stubs, etc.) must be kept on file for a period of two (2) years after project closeout, and an original signature Statement of Compliance (WH-348) must be attached. Wage rates for bona fide self-employed owners and partnerships , and foremen (if spending less than 20% of their work hours with tools) need not be included; only list work classification and hours worked. Owners, officers, shareholders of a corporation are considered emptoyees and if working on the project site are to be Qaid the prevailing wage, inciuding fringe benefits, and all wage informafion is to be included on the payroll form. Identify the person(s) authorized to sign the payrolls on the Contractor Profile form. Computerized payrolls may be used if they include the same information requested on the payroll instruction form. ♦ For all work over eight (8) per day or 40 hours per week, overtime is paid at a rate of time-and-one-half the base pay rate pius a rate one time the fringe benefit amount identified. ♦ Apprentices/trainees can work at a lesser rate of pay if participating in a bona fide apprenticeshipltraining program. Attach a copy of the Apprenticeship Agreement to the payroll report on which the apprentice first appears. Ratios, as defined by the schedule of Apprentices to Journeyworkers, must be adhered to hour-for-hour. Pre-apprentices aze not allowed at a lesser rate. Apprentices/trainees working alone must be paid journeyworker rates. THERE ARE NO EXCEPTIONS TO THE DEFINED RATIOS. ♦ The Prime Contractor must an submit original signature Contractor Profile form, Identification of Prime and Subcontractors (to be kept current), and Weekly Site Logs. Original signature weekly Payroll reports and Apprentice Certifications to be submitted only upon request. ♦ It is the prime contractor s responsibility to employ only subconuactors who have certified eligibiliry in written conttacts containing Little Davis-Bacon Requuements. - ♦ All self-employed and partnerslup contractors must submit bona fide status documentation for review and approval before performing any rnntracted work to complete a project. ♦ Subcontractors and lower-tiers must submit an original signature Conhactor Profile form. Original signature weekly Payroll reports and Apprentice Certifications to be submitted only upon request. ♦ iTNION SHOP CONTRACT'ORS/SUBCONfRACTORS - Verification of employee wage receipt will include, at minimum, contacting the trade local or designated benefit fund account. I30Nt7I3ION SHOP COI3TRAC'PORS/SUBCONTRACTORS - Verifica6on of employee wage receipt will include, at minimum, contractor submission of canceled paychecks, timecards and/or stubs for specified week(s), if requested. ♦ A Waste Manifest must be submitted by all contractors/subcontractors responsible for asbestos or other hazardous waste removal from any project site. idbfacts: 5-24-2000 x "r' . CITY/STATE LABOR STANDARDS o � "� REQUIREMENTS Aii contractors, subcontractors, and lower-tier subcontractors shall comply fvith the: Litile Davis-Bacor: Ordixance, Section 82.07, Saiut Pattl Adn:inistrative Code Mi�lnesota Statutes && I77.4I -177.44 The requirements of the Ordinance/Statutes are as follows: 1) The minimum wage rates and frin�e benefits established by the City of Saint Paul (MN Department of Labor & Industry) shali be paid weekly to all on-site employees. 2) All workers shall be paid time-and-one-half for all overtime hours worked, meaning hours worked over eight (8) in one day or over 40 in a fveek. 3) Apprentices may �vork at apprentice wa�es if they ue enrolled in a bona fide apprentice proo am and are workin� in compliance with the Apprentice to Journe}�vorker ratios (see Ratio of Apprentices to Journey�vorkers schedule). It is the prime contractor's responsibility to ensure that the following are attached to all contracts, subcontracts, lower-tier subcontracts, and bid documents pertainin� to this project: Labor Standards Requirements; City (State) Prevailing `Vage Rates; Ratio of Apprentices to Journey�rvorkers; and Bona Fide Self-Employed/Independent and Partnership Subcontractor Status A City Labor Standards poster and the City Prevailing �Vage Rates (Minnesota Departiitent of Labor and Industry Prevailing �Vage Rates) must be posted at the construction site in a visible location. For assistance or specific information, you may contact Sandra Haustein (651-266-6690) or Jill Hughes (651-266-6650) of the Department of Planning and Economic Development. gped�ty�'n$hareSHAUSTHIV�ciry•sWte IitAe da�is-0acon requuem<n[s3-?5-00 1 � � - • � '-^ � � - BASE� TAXED __UNTAXED , TOTAC-'. EFFEGTNE NEXT�" CLASSIFICA710N - ' '� RA�T� �RfNGE _ :fRINGE ,.,`PACKAGE OATE . ADJU§'4'�:� ; ._:. Bolertnaker $21.20I $1.05 $9.06 531.31 Ot/03/98 10/01/98 Bricklayer 523.47I S2•64 58.06 534.77 05/06/00 05/01/01 Carpenter 523.84i 51•82 57.18 532.84 OStO6l00 OSf0110'i Cement Finisher 521.84, $3.15 57.96 532.95 OSI06/00 05/01/01 Electrician 527.28I 53.55 58•44 539.27 05/06/00 OS/01l01 Elevator Constructor S2T.46 S2•44 56.94 536.84 07/01l00 07/01/01 Glazier $22.81 $1•50 $7•89 $3220 O6/01/99 05/91/00 Hazardous Material Handier $1821 $3.30 $21.51 05/Ot/98 04/30/99 InsulatodAsbestos Worker $22.50 55.02 $10.13 E37.65 O6I01/00 05/31/01 !6•e��nicai �y5tems onivl Hazardous Waste Technician Building & Residential Sz1•72 51.36 55.56 528.64 05101/00 � OM30/01 Site Preparation 520.08 $1.36 $5.56 S27.00 05101100 04130/01 Heavy Equip. Operaios 521.17 - E7.15 E28.32 OS/OS/00 OS/01/01 Insulators Res'I - 4 stories or less $19.56 $1.74 $6.44 $27•74 OS(01l98 04l30/99 Other than residentiai $22.16 $1.82 $6.44 $30.42 05/01/98 04/30/99 IronWorker $24.50i $2.65 $9.94 $37.09 05�01i00 04130/01 Painter $2200I $1.50 58.42 $31.92 05/06/00 05/01l01 LaboredDrivedOperator $17.31 $1.36 55.56 524.23 05/06/00 OS/01/01 (Street Services Worker) Landscaper-SodLayer $12.38 $0.71 53.65 516.74 05/01/00 04l30/01 Parks Worker $17.31 51.36 $5.56 E24.23 OS10610a 05/01/01 Pipefitter $24.00 $4.57 59.40 537.97 05l06l00 OSl01/Ot Plasterer 520.48 54.40 E8.35 $33.23 06/01/00 05/31/01 Plumber °� 524.56 53.27 59.10 536.93 05106/00 05/01l07 Roofer 522•89 SZ•OS E7.63 E32.57 05101f00 1 94l30/01 I Sheet Metat Worker 528.38 $2.10 56.99 537.47 05/06f00 � 05f01/07 Soft Floor Layer $21.73 $2.11 $6.21 $30.05 06/01/99 I OS/31/00 , Sound, Signal & Comm.: Tech (Install of contro�ler only) $1922 $0.58 $19.80 03/01l98 � 02/28/99 Insta{ler {ExG. controtter xrodc) $11.31 $0.34 $11.65 03/O7/98 ` 02J28/99 � O1�\\i- 9/20/00 14/AMP/DAVSBACI.WK3 Project Name CONTRACTOR PROFILE IF ADDTITONAL SPACE LS NEEDED, PLEASE ATTACH A SEPARATE SHEET Nau�e of Business Business Address Area Code & Phone # Federal TaY ID # Our conhact is with 6 � - ��2- in the amount of $ for (den8fy work to be perCormed -be specitic) Contract awazd date If so, to whom? Will any work be subconiracted out? Peison(s) authorized to sigp (certify) Payroll reports: 1) 2) Idenrify work classification(s) and applicable base wage payment for each individual performmg work on the project site: Work Classification (include Group #, if applicable) 1) 2) The frmge benefit payment will be (check one): Base Rate of Pav $ (A) _ paid direcfly (with the pay check) to each worker in the amount of $ (g) _ paid to a Union benefit plan (or plans) in the amounu indicated below: Holida Vacafion H& W Dental Pension Other (Identify) $ $ $ $ $ $ Benefit funds aze deposited into accounu maintained by. Address Acct # (C) _ paid to a nonunion benefit plan (or plans) in the amounts indicated below: •*'ATTACH COPY OF BENEFIT PLAN(S) FOR REVIEW/APPROVAL Pension Medical Dental Other (Identify) $ $ $ $ Benefit funds aze deposited into accounts maintained by. Address OwnerlPrincipal Officer Name Area Code & Fa�c # State Ta�c ID # Phane Signariue & Date Acct # �wed�sys2�Shared�HnUS'['6[Mform - convactor profile.wpd:45-oo City of Saint Paul form Asbestos Worker and Insutator Bricklayer Carpenter Cement Mason Construcrion Craft Laborer Electrlcian Elevator Constructor RATIO OF APPRENTICES TO JOURNEYWORKERS ON LOCAL, STATE AND FEDERALLY-PUNDED PROJECTS ��,"� 1 Apprrntice for 1 Joumeyworker; then 1 additional Apprentice for each 4 additional Joumeyworkers REMOVAI, - I Technician fot each 4 Helpe�s 1 Apprentice for 17oumeyworker, then I additional Apprentice for each additional3 Joumeyworkers Commercial -1 Apprentice for 1 Joumeyworker (EXCEPTTON: HUD projects - 2 Apprenrices (1 must have over 4000 houcs) to I Soumeyworker) Residentia! -1 Apprentice; 1 Joumeyworker, 1 RUC (SEE ABOVE EXCEPTIOI� 1 Apprentice for 1 Joumeyworker Glazier/Glassworker Ironworker Lather Operator Painter Pipef tter Plasterer Plumber Roofer Sheetmetal Worker Sign Painter Soft Ftoor Layer Sprinkler Fitter Tecraao Worker Tile Setter/Finisher 1 Apprentice per 3 Joumeyworke� Commercial: I Apprenrice for 1 to 3 Joumeyworkers; 2 Apprentices for 4 to 6 Joumeyworkers; 3 Apprentices for 7 Joumeyworkers Residential: I Apprenrice for I 7oumeyworker 1 Helper for 1 Joumeyworker=1 team; two teams or more may have 1 additionat Helper for the first 2 teams; 1 exua Helper for each additonal3 teams CLEANiJP: 2 helpers for I Joumeyworker 1 Apprentice for 1 Joumeyworker, then 1 for 5. Apprenrice Glaziers at the 6th-1000 hr. level may work alone Structural: 1 Apprentice to every 7 Joumeyworkers Ornamental: 1 Apprenrice to every 4 Joumeyworkers 1 Apprenrice for I Journeyworker, then I addiHonal Apprentice for additional 5 7oumeyworkers 1 Apprentice for 1 to 10 Joumeyworkers (decorators, spray, paperhangers, drywall faishers, applicators, and sanders) 1 Apprenrice for i Ioumeyworker, then i for 4. Apprentices in their last 2 years of training may work alone. 1 Apprenrice for I-4 Joumeyx orkers; second Apprentice for 5-10 Journeyworkers. No employer shall be allowed to employ more than 5 Apprentices. 2 Apprentices for 1 Journeyworker 1 Apprentice for 1 to 4 Ioumeyworkers; 2 Apprenrices for 5-10 Joumeyworkers. No employer shall be allowed to employ more than 5 Apprent�ces. 3 Appren6ces far 2 Joumeyworkers; 1 of the Apprenrices must be 55%, if available Slate and Tile: 2 Apprendces to 1 Joumeyworker Commercial: 1 Apprentice for4 Joumeyworkers; or 1 for 3 Joumeyworkers, up to I5; then 1 to 4 thereafter (gutter, specialty or roofing work) (CHECK YOUR AGREEMENT) Residential: -1 Apprentice for 1 7oumeyworker (if agreemrnt states 1:3 or fracNon thereo� (CHECK YOUR AGREEMENI); for an additianal apprentice, 3 additional Joumeyworkers must be onsite (plastic fabricators, erectors and painters) 1 Apprenrice for 2 Joumeyworkers; then 1 additional Apprentice for addirional 4 Joumeywocicers 1 Apprenrice for i to 3 Joumeyworkers 1 Apprentice for 1 Joumeyworker I Apprentice for 3-5 Joumeyv�-orkers I Apprentice for 1 Joumeyworker; then 1 Apprenrice for 3 additional Joumeyworkeis DO NOT exceed the hour-for-hour rario of apprentices u shown above. DO NOT USE AN APPRENTICE AI.OI�IE QN A JOB SITE unless an acception is indicated above or in the conuactin� company's union agreement NO OTHER EXCEPTIONS ALLOWED. APPRENI'[CES must be registered in a bona fide (e.g., Ssate certified) ApprenHceship Program. HELPERS and RU.C.'s (Residential Utility Carpenten) atenot allowed at a lesser pay mte on State- and Federdlly-funded projecu. �A-J ratios:0822/00 City of Saint PauUPED Form CITY OF SAINT PAUL LITTLE DAVIS-BACON REQUIREMENTS FOR BONA FIDE SELF-EMPLOYED AND PARTNERSHIP SUBC4NTRACTOR STATUS o�-��a- �All "self-employed" and "partnership" businesses must provide bona fide status demonstration rior to perfomung work at the project site. Failure to demonstrate contractor/subcontractor status may result in payment delay and possibly contract/subcontract agreement cancellation. �All "self-employed" and "partnership" businesses must have executed and provided a written contracUsubcontract agreement (containing the Little Davis-Bacon Labor Standards Requirements and applicable Prevailing Wage Rates) for their work performance to the labor standards contract administrator assigned to this project. BONA FIDE SELF SUBCONTRACTOR STATUS DEMONSTRATION �Additionally, all self-employed contractors/subcontractors can submit a copy of the previous tax year's income tax filing, including attached Schedule C, for status verification. However, copies of four (4) of the following five (5) listed documents can be used in lieu of tax returns: ]) identification of a registered trade name & location of telephone listing under that name; 2) contractor's license; 3) liability insurance or subcontractor's bond; 4) Federal Tax Identification Number; 5) formal written deternvnaUOn regarding status as defined by State or Federal Department of Revenue and the information submitted as a basis for the determinauon. Failure to provide the requested documentation will disallow the "bon�de subcontractor status" and the individual(s) will be included on the engaging company's payroll as an employee, receiving pay as identified by the Prevailing Wage Rates applicable to the project. BONA FIDE PARTNERSIiIP SUBCONTRACTOR 5TATfJS DEMONSTRATION —+Additionally, if the subcontractor is a partnershiQ, all of the foliowing must be submitted for review and approval before starting work on-site: ..copy of the executed partnership agreement ..Federa] and State Tax Identification Numbers applicable to that partnership agreement ..copy of the previous tax year's filing, including Schedule E. c:�wv�roowsr�+r�m� ea� uan�s.wPas-s-oo N � N J d M � N � < N a m. F < s ca z N G � M J � V y Z u 'a � �M N � a ° 0 .� E�.. V � U 6 < • e. a � F Z " z o °i N V d m d y �s N V W 0 0� z Y < 9 F � y O V oG � O � F � V B e o a � F Z m o U N � = F M a a w 0 a 0 H F 6 V N W N F 2 W C N �'er�� 1 Q O u 9 Y 0 w w �1 L Y 8 � N r <z xo H O zs o < U ro u m G O o H � F K J O a 3 � O � V • 6 N u O m Y +"� • O w V tl 6 Op L C Y� o ma aa O .1t O N v s V 3 (9 ., m c .. m m O � ro H .� o t 6 0 u u O F u u o � N 4 �1 Y� u .+ tl q H 10 Q Y O 9 L V O !L La o u O 3 m Z] O m c .a c.. m ++ o u q e .a uf ,+ m a V "�' � F� o - d f. m Z C � o m .� Y L O L'1 .Z H 'O .d 9 q 6 q �n a m � o m u a .� m N T N N M ]� Y Y� .7 0 .�I 2 u L m u W B C Z 0 0 mB 5 e a ,+ m 9 u p �+ v d V 6 C � � .�.. a O N � -� a Y N N p v o. u u C H �0 �0 V L a +� L F C u Z O .� O u 3 V D ] b � 0 Y N 9 N .a ., W -+ .-+ a N 6 O 6 O �� 6 w q w � Y u r-t {p 9 O � h' �0 Y • t� Z C Z '1 � u w .. n U O .1 •. Y b u W .. +-� �0 O 2 N O tl tl H m M �-1 O OS .�J S W H M N v i � I I � N O� N �'f O o �-��. APPLICABILITY OF DAVIS-BACON TO: CLEAPTING Cleaning performed during construction is subject to prevailing wage provisions. In the absence of a specific wage rate for cleaning classification, the cleaners must be paid the predetermined wage rate for laborers. Cleaning (after completion of construction and certificate of occupancy has been issued) in order to prepare the premises for occupancy which is not part of the construction contract is not subject to the prevailing wa�e requirements. _ . RELATIVES There are no exceptions made in the enforcement on the basis of family relationship for relatives who are performing the work of laborers or mechanics (anyone who is performing construction work on the pro,}ect). They must be paid the prevailing wage rate for the classification of work performed and be included on the certified payrolls. PROPER DESIGNATION OF TRADE Select a work classification on the wage decision for each worker based on the actual type of work slhe performed and pay the worker no less than the wage rate on the wage decisic�n for that classification regardless of their level of skill. SPLIT CLASSIFICATION Employees performing work in more than one c�assification can be paid the wage rate specified for each classification only if accurate time records have been maintained showing the amount of time spent in each classi£ication of work. If accurate time records have not been kept, the employee(s) must be paid the highest rate of all the classifications of work performed. ��eea�n-"sn�,t�usoxscaan �ypit�.ba�a taiauo.wpa CTTY OF SAINT PAUL 6 �_ �� PAYROLL INSTRUCTIONS FOR CITY &/OR STATE-FUNDED PROJECTS CONTRACTORS PERFOMING WORK ON THIS PROJECT ARE TO COMI'LETE AND SUBMIT THE PAYROLL FORM WITHIN 7 DAYS AFTER TF� PAY PERIOD TO TT� PRIME CONTRACTOR (OR AS DIRECTED). Enter Federal I.D. No. (or SS#, if appropriate) on the first payroll report. Check box indicating contractor or subcontractor and include company name and address. Number payrolls for this job consecutively (mazk the last payroll "final"); add the week ending date and enter the project name and locarion. Column 1 Name. Address and Social Securit�Number of Emuloyee - Must be identified the first titne the employee name appears on the payroll. Thereafter, only list the name. Also, list only employees who did work at the construction site - not shop or off-site employment. Column 2 Number of Withholding ExempHons - For your use only. Column 3 Work Classification - Enter work classification found on the applicable wage decision for each employee. Be specific; if an employee is a laborer or operator, also include the group number. Do not classify the employee as a"Journeyman" or "Owner". ff the employee is an apprentice, list as such along with work class, submit an Apprentice Certification and attachment indicating their current level of progress with the first payroll on which the apprentice appeazs. NOTE: Make sure new Apprentices aze actually registered; may only work in the approved ratios as indicated by the Ratio of Apprentices to Journeymen schedule. If an employee performs work in more than one classification, the hours worked in each classification need to be listed separately on the payroll. Column 4 Day and Date - Fill in the day and date and list the hours worked each day for each empioyee on this project. "S" is for straight time hours; "O" is for over[ime hours. Depending on the project funding source, overtime may be all hours worked over 40 in one week or ovet eight (8) in one day and over 40 in one week. Column 5 Total Hours - Enter total of straight time and overtime hours for this project only. Column 6 Rate of Pav - List straight time and overtime rates of pay. (The total wage rate must be a minimum of the basic hourly rate and fringe benefits combined for the work classification listed on the wage schedule.) The overtime rate must be at least time and one half the basic hourly rate. Corporation owners, officers, andlor shareholders working at the pro}ect site aze considered employees and must include all wage information in columns 6 through 9. Self-employed or parmerslup businesses demonstrating bona fide status enter "owner" in column 6; columns 7 through 9 will then be left blank. (over) o � _ ��. Column 7 Gross Amount Eamed - Enter the amount eamed or if the employee also worked on other job(s), draw a line dividing the box in half. In the upper half, indicate the gross amount eamed for this project and on the lower half, indicate the gross amount earned appearing on the employee's paycheck. Colamn 8 Deductiuns - Identify and enter amounts appearing on the employee's pay stub. Columri 9 Net Wages Paid for Week - The dollaz amount of the employee's paycheck (should equal the gross amount eamed for the week (column 7) minus the deducrions (column 8)). NOTE: Computerized payrolls must contain the same information as the payroll form; attach an original signature (please do not sign with black ink) Statement of Compliance form (WH-348) to the back of the payroll. COMPLETING THE BACKSIDE OF THE PAYROLL FORM (WFI-34'� Tlris portion of the payroll form contains the Statement of Compliance wluch says that employees have been paid the net wage as indicated under Column 9 and that no unauthorized deductions have been or will be taken from the employee's pay. This is in accordance with the Copeland Anti-Kickback Act. Fill in all requested information for (1). Be sure to check box 4(a) if fringe benefits aze paid to an approved plan or fund. If claiming company paid fringes (not deposited with a Union fund), contact the Labor Standards Officer; these need to be reviewed and approved before you start work on the project. Be sure to check box 4(b) if fringe benefits aze paid in cash (included with the paycheck). In this case, the amount of fringe benefits should be added to the rate of pay in Column 6. Name. Title and Sianature Type or print name and title. An owner, officer or partner of the company may sign the payroll. Any other authorized signatures should be listed on page 2 of the Contractor/Subcontractor Certification form (CSC-1). Signatures must be manuat (not xeroxed or stamped); please sign with something other than black ink (this makes it easier to discern an original signature). Any questions? Please call: Labor Standards Saint Paul Department of Planning and Economic Development 25 W�st Fourth Street, Room 1400 Saint Paul, Minnesota 55102 (651) 266-6690 or 266-6650 FAX: (651) 228-3220 1Weduys2\SharedUlAUS'IEQi\ciry.stste paymll insm�Uions:l!!/00 _� :� �m �0 a C n l��l 3 E 0 a '� Q c 0 F� � F y I ` J y yO C � Q . u u ' �' N �¢ � c r � F �e f. c U � n 0 � 0 A ti C O U r 0 ��.. � N W O < w Ytl�'�' -4 3�� . ' o e � � 1 3� ` o d W Y O � i ++ F H 0 z �u 30 x � W O p2 W � N� r 606 l�1 O�y� � N �� g �d � �� /� ' � \% .. 0 N � O� � �I � . �� '< s � �i N N v � v v N m O� � N N ti � v ai v O � � V � s M; � � m � N 'J KI eD O v = m � � �l$ � �� 0 • � p 0 o� W �{ _ Y � O � W � 6 U ?�r �« 3,e O L ° S 3 s U V 1' G � f+ .. f+ p i a � o - � � � Q m y� o O - rl O, y � S 4 ^ � D L 5« O � � i O o F j ' � � S � ^ � � 4 ' 2 � V � J OW � JO < 3 ... 6 �; � .^".a � 4 L }. V O L Y ii A 7 d . 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O O � c L Q Y O �� e a o� C Y a � � O �� 3 0 C Da � 9 < u c V � a � 0 0 i o� � w b y�. C O ^ Y p C � � A . T i � S � d z �s a ., � J 0 a a a ��Z � �oQ �� d; W 7 � Y Z;�C O . : a � 0 ��W �Z �� F� �6 O JA a o �s u z 0 F i 3� � V C W 00 �� d a ��S ��E �� 01� N � � � � 0 L.S. OE�ARTY[NT Of LA�OR S7ATEMENT OF COMPLIANCE MA6[ AMD MOYII DI VINOM ►e� wpv.e.�.a �ua�et �uww No. �aR109! �lt � . do hercby state: iK�m� ei �I�Mtory puq'1 t ♦ (l) That I paY o* supervise the payment cf the persons �mDloYed by on � ontncwr er �u renv.eto.) �e : that Curin[ the p�yroU period commencin[ on Ihe ��dq of (HwlCin{ er reek) ' �9_ snd rpdin¢ the�day o( . 19�. �11 persons employed on said projeet Aave 6een p�id the veekly xa�es �amed, tAat m rcbates h+re been or vill W made elther directly or indireeUy to or on behal! ot s�id O 1 � �� (ull [rom the [ul! weekly r�ees eamed by any persoa �nd that ao dsduceions Mve ( mu•etor er s comncwr Men m.de ei[her dircctiy or ind�reetly trom Ue tull waces eamed by any person, other ihan pemissible deduetions as defined in ReRubtions. Pan 3(29 CFR Su�titfe A), issued by the Senetaq' of i.�bor under tht Copeland Acl. as amended (48 St�t. 9i8-63 Sut 308. 72 Sut. 96�; 76 Stat 357; 10 U S.0 276c). �nd described below: (2) That any yayrolls otherwise wder thi� eonVaet tepuircd to be submitted !or the above period a�e eoe�ett and eomplete; tlut the w�`e ntec Ior l+borenor toeeh�niea eon��ined therein �n not ltsa than the �DPliuble v�`e ntes eont��ned in any ��Qe detertnin�cion ineoryor�ted into the eent»cq th�t Ne eAa�ltie�tiona set forth thercin tor e�eh LDoeer er meeMnic con- M�m with the wrork he perfoemed (3) Th�t �ny �pprcnti�ec tmployed in the �bove period �rc duly reQiiteeed ia a houa tide agpecnticeahip pso'sam reQiste�ed vith � Sute �pprentaeeahip ��ency ncoQnised by ehe Burcau o( Apprcnticeship and ?nininQ, Uaited Sutea Department of t,�COr, or it no sueh neo¢nized �Qeney eaiata in � State, �x �e`tstemd Mith tde Burc�u of Ap�mntieeship and Twlnina, United Sates DeD+nmmt of LaOor. (i) 7T�t: (�) M'HERE FRIYGE BEI:Ef'ITS ARE PAID TO APPROVED PLANS, FtlNDS, OR PROGRAIQS �• In �Edit�on to the basic hourly waae rate� D��d to sach laborcr or meeMnic listed�in the abore rc(ercneed pay- roll. payments ot Irie�e Eeaetits a� lisud in the eontnot have Eem er w�ill bc wde to �pp�opri�te proqr�ms for the benefit of aueh employ�es, �xeept �s poted in Seetion K�3 bdor. � (D) R'HERE FRINGE BEHEFITS ARE PAID IN CASH Q- E�eh I.�bonr or meeh�n�e Jlsted in the above rttercncvd payroU lus been paid ss iadie�ted on the p�yroll. �n �mount not teaa than the sum ot the applie�Ele Msie boutly Mate nte plus the �mount of We tequieed frinee EeneGts as liated in the aontr�cq e:cept as nottd in seaion 1(a) below. (cl EXCEPTIONS EXCE�TION(CRAFT) EXPL�NATION Jt(M�11Rf '�II�C�T�ON OF �NY O� TM[ ��OVL lTI.T[M[XTi Y�Y �U�J[CT TMC CONTII�CTOR OR yy�Cp�;TR��TO� TO L►AOlLCYTIOM f[( {��T�pN 1001 OI TIT�,[ 1� �MD ![CTION 2!1 OI TITL[ �t O� TME YNITEO iT�TEi �wwMN {t/��1 rY1lCMAi[ TMI{ /011M D�R�CTLV IApM TN[ �Y/T. O► OOCYM[MTi INSTRUCTIOHS FOR PREPARATION OF STATEMEHT OF COAlPL1ANCE This statement ot compliance meets aeeds resnitiag fmm the amendment of the Davis- Bacon Act to include fringe bene�ts pmvisions. Under this amended law, tl►e contractor is required to pay tringe beaefits as p�edete�miaed by t6e Departmeat of Labor, in addi- tion to payment of the minimum rates. The contractor's obligation to pay fringe benefits �ay be met by pa} xnt of the frinees to the various plans, funds, or prognms or by mak- ing these paymeats to the employces as cash ia lieu of fringes. The contractor should sho+� on the Mhether as basic rates or as cas6 i statement of compiiance t6at he is aot paid as cash ia liea ot fringes. Contractors aho pay all reqvired friage benefits: friages requiced by the contmct aad ions foliow: A contcacior who pays friage beaefits to anproved plans, funds, or programs ia amounts nof less than were determined in ffie applicable wage decision of the Secretary of Labor shall continue to s6ow on the face of his paymll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shali check paragraph 4(a) of the statement to iadicate that he is also paying to approved plaas, funds, or programs not less than the amount predetermined as fringe beaefits for each ccaft. Any exception shall be noted ia Section 4(c). Contractocs who pay ao fcinge benefits: A contractor aho pays ao fcinge benefits s6a11 pay to the employee aad insert in the straight time hourly �ate column of his payroil an amonnt not less thaa the predetermined rate for each classification plus the amouni of frioge benefits detesmined for eacd classi- fication in the applicable wage decisioa. lnasmuch as it is not aecessary to pay timeand a hait on cash paid in lien of friages, the overtitne rate shall be not less than the sum of the basic predetermined tate, plus t6e half time premium oa the basic ot regular rate plus the cequiced cash ia lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the stcaight time basic tate and cas6 in lieu of fringes be separately stated in the houriy rate column, thus $3.25/.40• In additioa, t6e contractor ahall check paragraph 4(b) of the statement to iodicate t6at 6e is payina fringe benefits in cash directty to his employees. Any exceptions shall be noted in Section 4(c). � Use of Section 4(c), Exceptions Any coatractoc who is making Qayment to apptoved plans, tunds, or programs in amounts less than the wage determination requires is obliged to pay the deficinecy directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), ahichevec the contractor may c6eck, shall be entered in Sectioe 4(c). Enter in tde Exception column the craft, and eater in the Explanatioa column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amonnt paid to plaas, fnrids, ot programs as fringes. ir u.:.cro:is�a�o-sn-uvo O \-\�'� Fer taie b� t6e Superintendent et Detumen4, tlS. Co��rn�nt Printlnt Omce NuhinRton, D.G !WM - Prin i475 oer p�d o! 700 Steek Number OYa-OO6-o0o16 Gtala� Humber L!Z FORH WH-if! ��:ir. r_� Vendor Outreach Program RecLuirements I�'M�C�;1 � b�-1�� zotosoi�i E-1 JAN-17-01 WED 01�43 PM PORT RUTNORiTY FAX NO 6512235198 P.O6/16 Chapter 84. Vendor Outreach Program Sec. 84.OI. Declaratioa of Po&cy and Pnrpose. The ordinance is based on and responds to the information and evidence of discrimination aeainst women and minorities documented by the study submitted by BBC Research & ConsuIting,� September 1995, to the City of Saint Paul and tfie snidy submitted by the Insritute on Race and Poverty, February, 1996, to the City of Saint Paul. In doing so, this ordinance is intended to remedy and conzci ihc effects of past cliscrimination in construction, �oods, services and pmfessional services whose effects still burden small and minority-owned and women-owned businesses in the city. This ordinance will help prevent future discrimination a�ainst vendors and contractors who provide goods and services to the city, or enga�e in the completion of construction contracts to which the city is or shal] be a party. It is intended to further discourage and prevent discrimination on account of race or �ender. Tt is the policy of the city both (a) to attempt to provide a remedy for past i:nderutilizarion of qualiYied minority- and women-owned buunesses and economically disadvantaged small businesses, and (b) to prevent ongoing underutilization of such businesses in the city's contracting process, by facilitating their pazticipation as vendors to the city in iu purchase of goods, services, and construction of public buildin�s and publicly assisted projects, and its various economic development acnviries. The policy of the ciry is to promote increased participarion by qualified, minority-owned, women- owned, and economically disadvaniaged small businesses in public contracting that is comparabte to their availability in the Saint Paul muketplace. To this end, the city shall set annual benchmarks or levels of participation for Mf3B, WBE, and economically disadvanta�ed small business participafion in city contracting activities based upon their current availabiIity within the marketplace. These levels of participarion shall not be quotas. The levels that are established shail be reviewed every three (3) yeazs, and the participation of such businesses shall be reviewed every three (3) years, to insure (1) that the pro�am docs seek no more than to remedy the effccts of past discrimination and prevent future tliscriminarion, and (2) that the program does not become over time a race- or gender- based entitlement or quota progra�n, nor become a limitation or cap on the participarion of qualified businesses. (C.F. No. 97-840, § 1, 9-3-97; C.F�. No. 98-779, § 1, 9-23-98) Sec. 84.02. Short'ITtle. 7his ordinance and the pzogzam it enacts shall be cited as the "Vendor Outreach Pro�am." (C;.F. IQo. 97-84Q § 1, 9-3-9�; C.F. No. 98-'779, § 1, 9-23-98) Sec. 84.03. Definitions. For purposes of this chapter, the following words and pluasas shall have the meanings set forth in this section except where the context clearly indicates that a different ineaning is intended. Aff:liaze or subsidi�ry of a business dominarc� in irs field of operation means a business that is ai least twenty (20) percent owned by a business dominant in iu fieid of operation, or by partners, officers, ditectors, ma�ority stockholders, or their equivalent, of a business dominant in that 2ield of operation. Broker means a business that canies no inventory and that has no .�ritten or oral ongoing agreement http:!/www.ci.saint-paul.mn.us/code/ac084.htm1 1/17lO1 JRN 17 2001 13�51 6512235198 PAGE.06 Pa�e 1 of i l 01— \�Y JAN-l7 WED 01�43 PM PORT AUTHORITY FAR NO 6512235198 P O1/16 Page 2 of 11 with any manufacturer or manufacturer's authorized dis�ibutor to sell the products of the manufacturer. This definition is not intended to include businesses who actively use just-in-time �\��\>— methods in their normal operation, Buriness, or busn:ess eutity means a contractor, developer, vendor, subcontractor, supplier, consultani, or provider of technical, adminishative, or physical services, regazdless of whether operating as an individual or organized as a sole propnetorship, partnership, joint venture, association, cooperative, coTporation, or other entity which is organized for profit. Ciry means the City of Saint Paul, Minnesota_ Commercially icseful funefion means a funcrion performed by a business enterprise when it is responsible for the execution of a distinct element of ttte work of a conuact and catryin� out its responsibilities by actually performin�, mana�ing, and supervising the work involved. Acrin� as a conduit to transfer funds to another buszness does not constitute a commercially useful function unless it is done as a normal business practice of that industry. Construction mtd dn�elopmentproject.r means (a) construction and deveIopme�it projects, (b) the construction, alteration, painting or repair of a building or any structure on land, (c) any construction, building, alteration, reconstruction, modemization or improvement of any shucture, and (d) the improvement of, or addition to, any capital asset. Developer means a business which contracts �vith or seeks to contract with the ciry for any consuuchon and development project in which the contractual docuinents therefor psovide that either the city or the Fiousing and Redevelopment Authority of the City of St. Paul, Minncsora ("HRr1,") (a) will receive. at any time, legal or equitable title to the land, or any building or structm thereon, which is part of such projeet, exelucling title or property interests to or for public rights-of- way for pedesfrian or vehicle transil, in;ress or e�ess, or (b) is �bligated 2o issue eenera] obligation bonds, or provide financing supported by a fuil iaith and credit pledge. � Direcior means the Director of the Division of Contract and Analysis Services in the Department of Technolo,;y and Management Services of the city, to�ether with such designees or staff persons as he or she may direct to cury out functions under this ordinance. Such tenn shall include persons or etitities designated by contract to carry out one (1) or more funetions under 2}us ordinance, as may be and to the extent provided in such conu�act. Dominartt in its field of operarion means a business having gross revenues that exceed tfie Minnesota bepartment of Admuustration Standard ladusirial Classification (SIC) Code revcnue standard for its (SIC) category. Srnall business ente�rise (SBE) means a business enrity whose principal place of business is in the mazketplzce that: (a) Is not a business dominant in its field of operation, nor an affiliate or subsidiary thereof, and (b) Is not a broker, or a manufacturer's representacive, does not operate as a franchise or under a franchise agrecm�t, and is not a business in which the owner is also owner or part owner of one (1) or n�ore businesses that is dominant in the same field of operation; and (c) Is not a busniess whose �oss revenues exceed those established for its Standazd Industrial Classification (STC) code, as adjusted by the Department of Administrarion of the State of Minnesota pursuantto statute;and {d) Perfonns a commzrcially useful function; and http://www.ci.saint-paul.mn.us/codelac084.htrn1 JRN 17 2001 13�52 1I17/01 6512235198 PRGE.07 JAN-17-01 WED 01�44 PM PORT AUTHORITY _ FAS NO 6512235198 N U8/16 Pa�e � of 11 O 1 ��\3- (e) If it has been in operation for less than one (1) year, must be able to provide reasonable evidence in form satisfactory to the director, showing tfiat it fias an established record of generatiaa revenue while performin� ihe business iunction represented in its application for cerfification or, if a professional service, showin� thatit possesses applicable licenses orprofessional certifications or credenrials. Franchise, or franchised business means a business operated under an opetating a�eement obtained from a franchiser to conduct a business where the franehiser retains the nght to (I ) direct, or set requirements for, certain elements of the business, or (2) receive compensation for use of the franchise or the goodwill or business name and where the owner does not beaz the full risk and responsibility for the perfoimance of the business. Goods and services means and includes (a) materials, supplies equipment, all things which are movable, and all tangible personal chattels, whether or noi intended or suitable for becoming a fixture when attached to real property; (b) labor and work; and (c) services of any kind, inciuding consultant, trade, technical, and professionaI senrices. Joint ti enture, means an association of two (2) or more persons or businesses to carry out a sin�e bnsiness enterprise for profit for which purposes they combine their progerty, capital, skiils, knowledge and management in an agreeci-to proportionate shaze. Manufacrurer means a business that makes or processes raw materials into a finished product. Munufactwer's representurive means a business that has an agreement with one (1) or more manufacturers or manufacturer's authorized distributors to se11 the products of the manafacrurer, but that is not an employee of the manufacturer, and in which the owner does not beaz the full risk and responsibility for the performanee o£ the business and the products and setvices offered. Marketp[ace mcans the geo�zaphical azea of die Minnesota counues of Anoka, $enton, Carver, Chisago, llakota, Hennepin, Isanti, Ramsey, Scott, Sherbume, Steams, Washina on, and ��ribht; and the Wisconsin counties of Pierce and St. Croix. Nlinoriry means a citizen of the United States or lawfully admitted permanent resident who is Asian- American, Native American, African-American, or fiispanic. MBE, or minoriry-owned hu.riness enterprise means a qualified business located in the marketplace or doing business in the marketplace at the time of bid opening or solicitation (a) which is at Ieast fifty-one (51) percent owned by one (1) or more minoriry persons, or, in the case of any pubIicly owned business, ai least fifty-one (51) pe;cent oF the stock is owned by one (i ) or more minority persons; and, (b) whose management and daily business operauons are conuo�led by one (1) or more minority persons who own it. Prirnc, or przme r.ontra�tor means a busino�ss en�aging in construction and development projects by conuactual ab eement, or in prime contracu, with the city. The terms also include a devetoper who or which may enter into a contract with the city for a particular construcrion and development project, and which necessarily contemplates that the developet wili aiso enter into other or further contracts for the completion of the said project. Yrime contract means a contract with a prime con�actor for the completion of a construcuon and development project, as to which it is reasonably likely that the prime coniractor will use, contract with, or seek bids from, one (1) or more subcontractors. A prime contract also includes a contract with a developer, where such contract or the pazticular "consuuction and development projecY' necessarily contemplates that Ille developer will enter into other or further contracts for the completion of the project. httP:!/ww�v,ci.saint-paul.mn.us/code/ac084.html ' 1/17/Ol TAN 17 2001 13�52 6512235198 PRGE.08 JAN-17-01 WED 01�44 PM PORT RUTNORITY _ FAX N0. 6512235198 P,09/16 Page 4 of I 1 Principa! place of business means the nm O 1-1\a-- performs, is maintained, or operates. P � Physical ]ocauon at which or from which a business SIC or SIC Code means the Standard Industrial Classification code as promulQated and maintained by one (1) or more agencies or departments of the Linited Stztes, and inctudes any code or system which replaces or sueeeeds the code in existence on July 1, 1997_ "SIC" or "SIC Code" shail aiso include ctassifrcation codes promulgated and maintained by the American Institute of Architects or ofher organizations cancemed with conuactina which, ia the discrerion oi Lhe director, are deemed more useful or suitahle for carrying out the purposes of this chapter. Vendor means a business selling goods and services to the city, as well as other services, inciudina constructiou and development projects for which there will be no subcontracts. Vendor contract means a contract with a vendor as to which the vendor will not use, cotttract with, or seek bids from, suhconh WBE, or women-ox�ned business ente�prise means a qualified business concem located in the marketplace or doing biuiness in the marketplace at the time of bid opening or solicitation (a) whieh is at ]east fifty-one (51) percent owned by one (1) or more women, or, in the case of any pubiicly owned business, at least fifty-one (51) percent of the stock is owned by one (1) or more women; and, (b) whose management and daily busincss operations are controlled by one (1) or more women who own it. (C.F. I�Io. 97-840, � 1, 9-3-97; C.F. No. 98-779, y� 1, 9-23-98) Sec. 84.04_ Applicability. The provisions of this ordinance shail apply to all contracts which aze awazded or entered into by the city, mcludin� vendor contracts and prime coniracts, except as may be hereinafter specificaliy exempted, and shall be liberally construed for the accomplishment of its policies and purposes. Any bid, as to which there is or has been a material lack of compiiance with the requirements of this Chapter 84 by any bidder, shall be deemed to be an unresponsive bid, and such tack of compliance shall be a sufficient basis for the rejection of that bid by the director. Every contract covered by this chap�er, which is entered into without bidding, shall include provisions which {a) obiigate the prime contractor, developer and vendor to fully compiy with the applicable ouh requirements unposed in this ehaptcr, (b) providc that failure to so eomply is a bre�ch of such contract, and (c) provide remedies fox� sueh breach. (C.F. No. 97-840, § i, 9-3-97; C.F. No. 48-779, § 1, 9-23-9%} Sec_ 84.05. Administration. (aj The director shall direct and administer the vendor outteach program. (b) The director may contract with other �overnmental agencies to administer programs for such other agencies which aze similar to the vendor outreach program, provided that the city is fu11y protecYed fzom liability and risk of loss arising out of such conuaet or contracts. The d'uector may also contract with non�overnmcncal a�encies for the administration of all or part of the vendor outreach pro�ram. (c) AIl departments and offices of the city shail share in the responsibility for accomptishing xhe policy and purposes o{the vendor outreach pro� The mayor may by adminish�ative order provide for additional activities and reports m furtherance of said pro�am. In particular, the director shall work jointly with other city departments and o�ces to establish levels of utilization of SBEs, http:/hvww.ci.saint-paul.nm.usicode/ac084.htm1 � il17/Ol JAN 17 2001 13�53 6512235198 PRGE.09 JAN-17-01 WED 01:45 PM PORT AUTHORITY FAS N0. 6512235198 N lU/16 Page 5 of t i MBEs and WBEs in and for professional services contracts and any other categories of purchases Q��\�... that may help the city to accomplish the overall purpose of tt�e program. , (C.F. No. 97-840, § l, 9-3-97; C.F. No. 95-779, § 1, 9-23-98) Sec. 84.06. Establishment of Desired Levels of Participation. (a} Annual parricipazion. The director shall establish, as provided in this seetion, on an annual basis, the desired levels of pareicipation of SBEs, of MBEs and of WBFs in vendor contracts and prime contracts for the next fiscal year, expressed as a percentage, for each, of the reasonably anucipated total dollar amount of all such contracts. Such levels ofparticipation shall be adjusted, from time to time during the course of the year as may be necessary, based on changes in the availabiliry of SBEs, IvIBEs and WBEs in the market}�lace. (b) Adjushrcercts for indiiridunl prime contracts. The director shall also establish and/or, wh��re appropriate, modify levels of participation by subcontractors, which may be more or less than the atmual ievels established in subsection (a), for individual prime contracts, taking into accowit the total dollazs of the contract and the dollazs in the contract which may reasonably be expected to be subcontracted. In setting such level of participation, the director shall also take into account and remove from consideration those amounts and works under the contract and subc�ntracts which cannot be performed or supplied by subcontracton which are certified as eligible for participation in the vendor outreach proo am. Such levels of participation shall be established by SIC Code where x�propriate, and the director shatl indicate which codes included within the definition of STC Code are being used and for what purposes. (c) Factors. In setting levels of participation of SBEs, MBEs and WB$s, whether annually under subsection (a) above or for individual prime contracts under subsection (b) above, the director shal] endeavor to arrive at the number of such businesses (i) which are currently available in Ute marketplace and which are qualified to do the particular work required by the city contract, and (ii) which would reasonably be expected by normal economic and business operation and mazket forces to participate in such vendor contracts and prime conhacts, in the absence ofpresent discrimination or the effects of past discrimin.ation. The director shail consider the following factors in establishing levels of participation: (1) The practical, as ogposed to theoretical, availabiizty of SBEs, MBEs and WBEs ("svch businesses" in this subsection) in the markciplace; (2) The particular goods and seivices, or c�nstruction or development projects, for which such businesses aze avai]abie; (3) The past lcvels ofparticipation of such businesses in city vendor conh•acts or as subcontractors in city prime cnntracts; (4) The reasonably anucipated number and amount and type of city vendor contracts aztd subcontracting oppornmiries in city prime conu�acts for the next fiscal yeaz; (5) Whether the reasonably anticipated contracts are for goods or services, or construction contracts, f�r which there aze few or no such businesses available or qualified to do the partieulaz work, or to do subcontracts; (6) Whether such businesses wili be able to obtain necessary bonds, insurance policies, and equipment or personnel required to perform such city vendor contracts or subcontracting on prime contracts; http:/1www.ci.saint-paul.mn.us/code/ac0$4.htm1 1/17/01 rcti i7 JRR'I 13�53 6512235198 PRGE.10 JAN-17 WED 01:45 PM PORT AUTHORITY FAK N0. 65I2236198 N.11i16 (7) As to professional services, the levels of participation that aze established by other city deparhnents and offices; (8)1,Uhether the reasonable and necessary requirements of the eontract render subcontractin� or other par[icipation of business other than the bidder or proposer infeasible; (9) Whethcr a public or aciministrative emer�ency exists which requires the �oods or services, or construction or development projec[, to be delivered or performed with unusual immediacy; (10) Whefl�er the number of certified S$Es, MBEs or WBEs providin� the services required by the contract aze sa few as to render them unavailable in practical terms, despite attempu to locate them; and (11) Whether the application of the provisions of this ordinance will impose an unwarranted risk on the city or unduly delay acquisition of the �oods or services, or complehon of the conshvction or development pro�ect. (12) Availability shatl be construed as broadIy as is lawful and reasonably possible in order to effectuate the �oals of this ordinauce. (13) And the director shalI develop and aciminister a progr�n to assist cenified businesses to obtain bouding az�d insurance. (C.F. No. 9?-840, y 1, 9v-97; C.F. No. 98-779, § 1, 9-23-98) Sec. 84.07. Certificarion of businesses. (a) Requirement, 1wu pears. Any SBB, M$E, or WBE ("such business" or "such businesses" for the remainder of this section) which seeks to participate in, or avail itself of fhe benefits of, the vendor outreach pro�ram, must first be certified. Ottce certified, the certification is vatid for the following two (2) calendaz yeazs and, thereafter, renewabl� for two-year periods by recertificaAOn. (b} Application. Such business shall file an application with the director, and provide such infotmation on such forms as the director may reasonably require. The director may require information: (1) That will establisl� that such husittess meets and will continue to meet the definition of an SBE, M13E or WBE, as the case may be, for the entire period of certification; (2) That delineates the availabiliiy and qualifications of such business; (3} The azeas of city vendor contracts or prime conh such business seeks; and (4) The number and dol]az amount of past city contracts it has been a party to or participated in as a subcontractor. (c) C.ercif:cazion of ¢nother jurisdicrion. The director may, in his or her sole discretion, waive all or pazt of the application process, and waive the submission of information required thereunder, as to any such busuiess which has been ecrtified tuidez a pro� am materially Similaz to the vendor outreach prod am. The burden is on the applican2 to furnish a copy of the application and supporting infonnation from the oiher pro�razn, and to demonstrate to thc satisfaction of the director that the �uidelines and requirements of the other pro,;ram are sub�7anrially simitar to those required undex the vendor outreach ptogram. This authonty is not intended to amend, modify or rescind, in whole or http://wivw.ci.saint-paul.mn.us/code/ac084.htm1 ToN t7 �AA1 'I�:S4 I/17/O1 6512235198 PRGE.11 Page 6 of 11 01—�\�— JAN-17-Ot WED 01�46 PM PORT RUTHORITY FAK N0. 6512235198 r.1�i1b Page 7 of i l in pazt, any a�eemenu that may exist to engage in a joint certification process witl� other �� `��^ �ocernmental entities_ (d) Join1 opplications. The director may cooperate with any other governmental entity having a pro�am materially simiiar to the vendor ouueach program in pro�lding for a joint or mutualIy acceptable application process. (e) No certifcation. The director may detemune not to certify an applicant if such business sells a product or service which the city, either itselfor for anotfier govemmental entity, (1} has in the past either not purchased or purchases in very limited amounu, or (2) is not likely to purchase in the foreseeable future. (� Change in circumslances. If the d'uector determines that any such business no longer meets the definition of SBE, MBE or WBE, as che csse may be, the director may terminate the certification of such business. Each such business, which has been certified, is and remains under a coniinuing obli�arion to report to the director any chan�e in circumstances affecting it that would cause it not to meet the appropriate dcfinition. (g) Material misstatement offact_ If the director detersnines that any such business made a material misstatement of fact in its appiicarion for certification or in any information submitted in support of the application, whether intenuonal or by mistake, the director may detennine either not to certify such business for participation in the vendor outreach pr daram, or to terminate the certification of such business if already granted. (h) Appeal. Any such business whose application for certification has not been granied, or whose certification has been terminated, by the director may appeal to the direcior of tt�e Of'fice of Technology and Mana�ement Services ("TMS birector"), or to such agency or entity, usin� such procedures, as may be provided for in a joint powers agrccment to which the eity is a paziy. Such appeat shall be decided on written submission and where appropriate in the discretion of the SMS Director, with an informal conference of such business with the director and his or her staff. (i) Periodic retidew. The certificauon for each such business may be reviewed pe�iodicaily by the director to determine that it continues to be eligible for certification and meets the definirions of an SBF, M13E or WBE, as the case may be, but such rcview shall take place at least every two (2) years after its initial certification. The director may require each such business which has been cer[ified to submit all information necessary to verify the eontinued eli�ibilaty of such business, and the fazlure of such a business shal] automatically terminate its eligibility to participate in the vendor outreach pros ani. (j) Targered vendur deve[opment program. A business which is reoistered as a"targeted vendor" pursuant to section 81.07, Saint Paui Administrative Code, on che effecdve date of this ordinance shall be certified as an SBE, MBE, or WI3$, as the case may be, and shall be ineiuded in the vendor outreach program for a period of six (6} months following the effective date of this ordinance. The director shall notify ali such targeted vendors of the provisions of this ordi�iance. During such six- month period, all such tar�eeed vendors which wish to be fiuther ceriified shall make request to be further certified in conformity with the requirements of this subsection (j). Upon receipt of such a request, the directar shall review any materials previously filed to determine compliance with certification requitements. �Vhere cwrent matenals aze insufficient to determine compliance, additional materials may be requested, Any targeted vendors failin� to submit a request to continue, or failing to subuut all additional materiais which may be requested by the director, will be terminated and will have to submit to a new certificarion process. (C.F. No. 97-840, §], 9-3-97> C.F_ No. 98-779, § 1, 9-23-98) Sec. 84.0& Prime contract bid requiremeats. http:!/�vww.ci.saint-paul.mn.us/code/ac084.html � 1l17/01 JRN 17 2001 13�Sa 6512235198 PRGE.12 JAN-17-01 WED 01�46 PM PORT RUTHORITY _ FAX N0. 6512235198 Y 13/lb Pxge 8 of 11 01—\\a- (a) Evidence. ofcompliance wirh bid rioeumerzu. Each appazent low bidder on a city prime contract is required to submit, before the bid is awazded to it, evidence of its compliance with the requirements of the vendor ouheach program, on such forms as the director may prescribe. Such forms may include a certification by the bidder that the bidder will not use any subcontracts on the particulaz job. Such evidence shall be submitted after the opening ofthe bids, and on or before a date to be established by the director, bu� in no case after the tenth day foilowing the openiag of such bids. (b) CompliaRCe wrth outreach requi�emenrs. Such a bidder shal! submh evidence (1) that it has complied with Che outreach reqwrements of the vendor outreach program specified in subseccion (c) in this section 84.08, and (2) that it sought to entcr into subcontracts with certified SBEs, MBEs and/or WBPs who aze willing and qualified to do the work required by the particulaz subcontrzct. Such evidence shall be submitted on such forms and meeting such requirements as the director may determine necessary to establish that the bidder did comply fully and completely with such outreach requirements. The presence of fraud, misrepresentation, or intentional discrimination by the biddzr shall negate compliance with outreach requirements hzreunder. (c) (Jutrench requirements. The following steps arc requized for compliazice with the outr�ach require�nents of the vendor outreach program m this section 84.08. (1) List eacli possible subcontract opportunity in the prime contract, indicating where possibie the SIC Code of such work, seeking the assistance of the director in ascettaining such subconuact opportunities. (2) Obtain a cunent Iist of certified SBEs, MBEs and WBF.s from the director, which tist shall contain where available the applicable SIC Code or codes for such businesses. (3) Attend all pre-bid conferences to obtain information abaut the vendor outreach pro;ram, the lecels of participation of certified SBEs, MBEs and WBEs, and the outreach requirements herein. (4) kequest assistance from minority and women commiuuty organi,ations, minority and women contractor �roups, or other or�aniutions thai provide assistance in the recruitment and placement of SBEs, MBEs or WTiEs_ (5) Obtain a current list of minonty and women publications from the director. (6) So]icit bids from certified SBEs, i�If3Es and WBEs, which have been identified by the director in consultation with the bidder as being available and capable of performin� the necessary work, for the subcontracts within the prime contract at least ten (10) days prior to bid opening, by phone, advertisement in a local paper and the relevant minority publicatrons on the list obtained from the director, or other means specified by the director, by written notice to the bidder. The bidder for the prime contract must solicit bids from a minimum of five (5) such certified businesses for each subcontract within the prime contract, by SIC Code where available and appticable. Tf the applicab2e certified list, usino the SIC Code or codes where available, is five (5) or fewer, such bidder must contact the entire list. ('n Provide plans and specifications or information regarding the location of plans and specifications to certified SBEs, �IBHs or WBBs. (8) Where appiicable, advise and make efforts to assist incerested SBEs, MBEs and WBEs to obtain bonds, lines of credit, or insurance requued to perform the contract. (9) Submit documentation if bids froin certified SI3Es, �ffiEs or WBEs were rejected, giving the complete basis for the rejection and evidence that the rejection was justifled. http:l/www.ci.saint-paut.mn.us/code/ac�84.hUn1 � 7/17/Oi JRN 17 2001 13�55 6512235198 PAGE.13 JAN-]7-Ol WED 01�47 PM PORT AUTHORITY _ FRX N0. 6512235198 P 14/16 Pa�e9ofli (10) Bidders on prime contracts who continuously list the same certified SBEs, MBBs and WBEs as having bee�i contacted and listed as unavailable, when conuct has previously been unsuccessful as a result ofdisconnected phone numbers or retumed uiail, wili not be deemed to be in compliance with the outreach requirements. (d) Aleernative compliance. Notwithstanding the foregoing, a bidder on a prime conu shall be deemed to have complied with the above outreach requirements of thc vendor outreach pro� if such a bidder submits evidence with iu prime contract bid documents that it has already entered into bindin� contracts with certified subcontractois whose contract daliar amounu meet the levels of par[icipation established for that prime contract. A subcontractor is certified for the purpose of this subsection if it is certified before the award of the contract_ If such bidder submits the name of a proposed subcontnetor to satisfy this program, and ihe subcontractor is not certified before the awazd of the bid, the dollaz amount o� that subcontract will not be counted 'ui determinin� tiie level of pazticiparion of certified SBEs, MBFs and WBEs, and the bid may be rejected as being unresponsive if the bidder has not otherwise complied with the above outreach requirc�nents of thc vendor outreach pro�ram as required by this section 84.08. Bidders shall not couat toward tl�e desired levei of participation any a� eements with businesses that are not located within the marketplace or otherwise do not meet the guidelines as set forth in this ordinance. The bidder may include first and second tier subcontractors and suppliers as meeting the desired leve(s of participation. (C.F. No. 97-840 § 1, 9-3-97; C.F. No. 98-779 § 1 9-23-98) Sec. 84.09. Vendor contract requirements. (a) Dir•ector compliance. The director shall, consistent with applicable laws and statutes relatin� to competitive bidding and awards of conuacts to the lowest responsible bidder, seek where possible and lawful to awazd n portion of vendor contracu to certified SBEs, MBEs and WBEs, in accordance �c°ith the annual levels of parricipation for such businesses established pursuant to section 84.06 above. (b) Outrear.h r•equire»zents. The director shail engage in one ( I) or more of the followinb outrcach steps in order to achieve the desired level ofpazticipation for all city vendor contracts � (I) Solicit bids, proposats or quotations from certified SBEs, MBEs and W}3Es for the vendor conttacts prior fo bid opening by phone, advertisement in a local paper, or other means. (2) Provide plans and specifications or informaAOn regarding the location of plans and specificarions to certified SBEs, MBEs or WB�s. (3) Request assistance from minority and women community organizations, minority and women contractor s oups, or other organizafions that provide assistanee to such minority and women contraetor groups in the recniitment and placement oSSBEs, '_�IBEs or WBEs. (4) Where applicable, advise and make efforts to assist interested SBEs, MBEs and WBEs to obcain bonds, lines of credit, or insurance required to perform the contract. (5) Prepaze and maintain documentation ifbids &om certified SBEs, MBEs or WBEs were rejected, giving the complete basis for the rejection and evidence that the rejection was justified. (c) Unmet Jevels ofparticipurioi:. In the e�•ent that the number and dollar amount of vendor contracts awarded to SFSEs. MBEs and tVBEs does not rise to thc levels of participation that wete eStablished under section 84.06 of this ordinazice, the director shail reexamine the procedures used by the directoz and other city officials for the processing and award of contracts. Where appropriate, the http://www,ci.saint-paul.mn.us/codelac084.htrn1 � i/17/Ol JRN 17 2001 13�55 6512235198 PAGE.14 O \ - \�i- JAN-17-01 WED 01:47 PM PORT AUTHORITY FRX N0. 6512235198 P.15/16 director may seek chan�es in such procedure; by ordinance or administrarive order. Pa?e 10 of I 1 ��—��'�... (C.F. No. 97-840, § 1, 9-3-97; C.F_ No. 98-779, � 1, 9-23-95) Sec� 84.10. Moniforinti and Reporting. (a) Irrspection. The direcYOr is hereby authorized to verify that the certified SBEs, MBEs or V.BEs workin� on any city vendor contract or on any city prime conuact are certified, remain eli� ble and certified, actually performin� the work, and otherwise in comp]iance with the vendor outreach progam. Such verification may be made by on-site inspecbon, requesting written information from the bidder or the subconh or t+y such other means as niay be reasonable. (b) Access ro records. Each certified S$F., MBE or WBE shall, upon request of the director, permit access during normal business hours Co its business work site, records, and files as needed to detetmine conformance with pro�am rc;quirements herein. (c) Ciry reports. Each city department and office shall prepaze reports documenting the levels of participarion established for professional service a�eemenu for the particular fiscal yeaz, and thc results of their effozts to meet those �oals. The Department of Planning and Economic Development shall prepare reports documenting goals established for development and od�er a ant projects under its junsdiction, and flie resules of its efforts to meet those goals. The Division of Contract and AnaIysis Services shaIl prepaze similaz reports for those conh undcr its jurisdiction. These reports shall be filed with the Direetor of Tectuiology and ?vlanagement Services in aecordaiice with established schedules. (d) Xe.port of the director. The director shall annually submit a report to the mayor and city council sununanzing the information eathered pursuant to this section, inciuding information about any othez activiries undertaken by or on behalf of the city to further the objecfives of the vendor ouireach program. The report shall be acailable to program participants and othez interested parties. (C.F. No. 97-840, � i, 9-3-<)7; C.F�. No. 98-779, § 1, 9-2�-98) Sec. 84.11. Bnsiness development. (a) Reserved. (b) Support for SBFs, MBL•'s and W13F.s_ The Director of the Depamnent of Pla�ming and Economic Development shall undertake andlor facilitate any other acrivitics to enhance the viability of SBEs, MBEs and ��EiEs, in ihe marketplace that are authorized by law or progcam, Such activiries may include, but aze not limited to, mentoring, technical assistance proerams, advocacy efforts, encouragin� joint venture formation, collaboration with or�anized labor, and providing financial assistazice. (C.F. No. 97-840, § 1, 9-3-97; C.F. No. 98-779, § 1, 9-23-48) Sec. 84_12. Misdemeanor. Tt sha1l be a misdemeanor for any person to furnish or to provide fraudulent or false information for the purpose of �aining eligibiiity for, or participation in, the vendor outreach program. (C.F. No. 97-840, § 1, 9-3-97; C.F. No. 98-779, § 1, 9-23-98) Sea 84.13. , �.pplicability of other Iaws. hnp:/lwww_ci.saint-paul.mn.us/code/ac084.htm1 iAN 77 2801 13�56 6512235198 1/17/01 PAGE.15 JAN-17 WED 01�48 PM PORT AUTHOR?TY hRX N0. e51«s5iaa r.ioiio Pave l 1 of I 1 01•��} Nothina in this ordinance should be consirued to amend, modify, affect or repeal any provision in any other ordinance or statute that would otheiwise be applicable to SBEs, MBEs, WBBs, or to any person, firm or corporauon bidding on or party to any contract with the City of Saint Paul. (C.F. No. 97-840, § i, 9-3-97; C.F. No_ 98-779, § 1, 9-23-98} http://cvww.ci.saint-paut.mn.us/code/ac084.html 7RN 17 2001 13�56 1/17lO2 6512235198 PRGE.16