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253969 ORIGINAL TO CITY CLlRK ���y CITY OF ST. PAUL couNC�� ^►� �`.' � OFFICE OF THE CITY CLERK F�E NO. UNC UTION—GENERAL FORM PRESENTED BY COMMISSIONE pTF WHEREAS: The C' y of Saint Paul desires to carry out a com- �rehensive City Demo tration Program (herein referred to as the Program", attached hereto and ma.de a part hereof) with Federal fina.ncial assistance under Title I of the Demonstration Cities and Metropolitan Development Act of 1966 (herein called "Ac_t"); WHEREAS� The Act requires local governing body approval of the Program as a condition for eligibility for assistance; NOW� THEREFORE� Be it resolved by the Council of the City of Saint Paul as follows: Section 1. The Program� including the projects and activities set forth in the Gzant Agreement, is hereby approved. Sec. 2. The Ma.yor, City Clerk and City Comptroller are auth- orized to execute a Grant Agreement with the United States of America and to do a11 things necessary in order to carry out the Program including the submission of such reports, certifications and other material as the Secretary of Housing and Urban Development sha.11 require. Sec. 3. The City of Saint Paul assumes full responsibility for assuring tha.t aIl Grant funds wiil be used in an economical and efficient manner in carrying out the Program and assures the neces- sary non-Federal share of the cost of Program Administration. Sec. 4. The City Comptroller or his successor or delegate ma.y do all things required to be done in order to obtain payment of the Grant, including but not limited to the selection of a commercial bank to receive payment vouchers, the submission of signa.ture speci- ments, and �he filing of requests for payment. FORt AP 0 D: s , a o aunsel COUNCILMEN Adopted by the Council aY 1 1 197119— Yeas Nays 19� Butler �p1X 1 1 Carlson � 19— Levine Favor Meredith Sprafka �y � yor � �Against Mr. President, M�c�y �AAY 151971 PUBLL�t1�ll �°� , '. Form Approved � Bureau I3udget No. 63—Tt1222 , U.S, DEPARTMF_'NT OF HOU;�NG AND UR�AN DEVELOPMENT • 43Ri�d!`4 t ���Iti�iriF'��� { 1..�i7 .Q ����sJ . COa4i�REiiENSIV� ClTY GaPr�D�1STRA i ION PROGRAM �art � AGREEMENT in two parts (herei.n called the "Agreement,") made on the date below specified, by and between City of St. Pau1� Minnesota (leerein. called �he "City")and the Un3.ted States of America (taerein called the "Government.") ' WITNESSETH: SEC. 1. Purpose of Agreement. -- The purpose of this A�reement is to state the terms and conditions under which the {�rant shall be provided•by the Government to the City. SEC. 2. The Obligations of the City. -- The C:ty agrees to carry out the Program (incorporated herein by re�erencej in a lacvful, satisfactory, and proper manner and in accordance with the policies, procedures and requirements as may from time ta time be prescribed by HUD. S�C. 3. The Grant. -- The Government will pay to the City the lesser af: A. t�:e Grant Amount listed iti the Grant Budget (tohich is attached as Exhibit A); or B. (1) the cost of Program Administration listed in the "I1iCA Share" column of lhe Grant Budget or 80% of the actual cost of Program Administration, �vhichever is less; plus (2) the cost of the projects and activities listed in the "MCA Share" column of the Grant Budget or the share of the actual cost of the projects and activities which is allocable to the Grant, «�hichever is less. SEC. 4. Pericdic Review and Revision. -- The Program and Grant Budget wi 11 be r�vie���ed at least annually by the Gavernment and the City. Financiai assistance by the Government for subsequent peria�s shall be conditioned u��on (1) tne satisfactory performance of the Agreement by the City, (2) the availability of appropriations, and (3) agproval of the revised Program and Grant Budget by HUD. S�C. S:� Clianges and Additional Provisions. -- The changes au� additior.s set forth in the attached �xhibit p are the only modificat.ions to the provisions of this Agreement. SEC. 6. Counterparts o: the Agreement. -- This A�reement s?��11 be execute3 in four count�:rparts, each of which shall be deemed to be an original, and such countergart.s shall canstitute one and the same instrument. SEC. %. Perfvrmance of Conditions Precedent to Validity of this Agreement. -- The City and the Government each certifies that all renditions precedent to the valid execus_ion of this Agreement on its part have been satisfied. * Tnis Section sTtould be deleted cf there are no ch,ange: or'additions. HJD-7U47.1 (5-69) PREVIOUS ECITIOhJ !S OE�SOLi=TLi I � �. � IN IVITNESS 4VHEREOF the City has caused this Agreement to lie duI}� executed in its behalf and its seal to be hereunto aff ixed and attested;�and the Government has caused the same to be duly executed in �ts behalf this ', day of 19_ ' II [SEAL' ' C:iTY OF ST. PAUL, MINt1ESOTA ATTEST: � � � - By (Signature) Ghar � P. McCar v (Signature) (Type or Print ,4'ameJ Harry E. Marsha.11 - Citv Clerk NL�ror (Type or Print Name and Title) (TitleJ Gountersigned: UNITED STATES OF AIV�RICA Secretary of Housing and Urban D evelopment City Comptroller ay Approved as to Form & Execution: (Signature) Speeial Asszstar.t �Title ofOfficerAuthorized to Execute Corporation Counsel NUD-7047.1 (5-69) HUD•17o�h.., D.C. 239943-: ,. . .. __ , , _._��._.. . , ___________ ,..__ � � i .� :7: rn � o � r� i ,�j'� � � � rn ' - rn n rn -a , p � �; n, ..±� i:� �, .�_a p �� �' � _ = n o n — - : I� c c o � � � t j ^ y c, � � r ° ti ro � � o �+ � I � I ,� io ° �- o _ o' �-+I � o N � ! j ^ I�o o I v o � � I £ ' ° cn o' -a ° - i ., + + � fTl o C :,,� ' � 0 3 0 _ � � � � 0• n � p f. c,' r.I 'r� .r � 3 Cp o 'V v - � ^ t � �o � < w � -s f � -� I� � ° 3 `° ° ' ° j ° - , y ;, ° :. ^ T> > C p 3 � � ° = � o o� I o. � � �� D � n � p �`f� N O _ � T' � s`� e �� 0 > 7 n �' v' ~ -9 . � t�i � n C � -.- c c' � o -, m r �a — � c � f „ r _ �� _ f � ,� T � r �' � ^ o o �,-� N �- � � � ,,, � , J � x o � ,�o � rt o o' - 0 3' �p � A � $ � � ,�� �� `r��- ' Y T -°• I— � � � � � < -al :' � (1 � � y n x> o� C o � �, � i . rn _. _. � o. �.��-0 � . 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' ' . ��� . . .. . � . � . � � 1 - � • Grnu� A�;reencnt for a � ' � � , , . . . . ;. .. • + �•. , ' i. - Comprehensive City I7eu�onstration k'�o�rfun � ,, -° � , � �: . . • . °' hetween ' , . ',: ;.�.'i=�; � , ' � . . . -, , . , . . ti: . :�.,: . . . :. j. t „ . ,��.F• • �'' i- -� : _ The United State s of 1lruexica . . . , .� . { • � . ' . • ' _ . � .. ,. ���•���� . . i, . � . ' and • ' .. • � . .. •:,� . i . . . . . ,.. � �: . � , �. . _. - � , � . _ _ . the Cit ---- - _ _ • � , , .. • . a • . ' _ ` Y �f �St. Paul,_�Linnesota ; ��. .,.,. ,::•='_• e - _. ... ��'� a . , ' . • �' . . . . _ � EX�iIBIT B . .. , ' � `,^. � ��,�.t���;:�� �r ' • '� � i . - - -- . � . • :. • , .. . . . .. . , . � „ . • , . , . d , �p. . The �ity a�rees to re�lZnd to IiUD riny paYment or portions of payment ; . ' � whic� HtID d°ter:nines were not pr�perly due to the City under �he ' � �. . - - . � �:t . . : ter�s of this A�reemen�;. - � . ' .y :�- �. - a g� '�'i�s� shall Le no displacement of site occupa�ts as a reculi� of �ny � pro��et or ac�ivity fluZded in �hole or in psr� by Gr�n� iLr'-?s, prior � � t� �a'�ttt� Rnnxova� of (1) a relocation t�c�ivity �ork pro�ram e�d bud�et . . anc� �2) a rive Year Relocation Forecast,`that meets the requirements . . t of CDA I,etter PIo.. 5. � - � � � , C. If ��plicate Federal flanding becor�es avail�ble to t;he ci�:y �or� � .. � . • si�lar puxposes for any portion of the time �provided- for in this � . . • •. .. gra�� agreement, HUD reserves the right to tex�ine�e .that portion of � the grant s3locable to the period of t?r�e af�;er such duplic�t: Feder�l '� flz�in� becomes available. In deter,niriing t2ie portion of the �resrt� s� a1.�:�c�ble, a.t is asswned th�� eli�ible exZ:enses should.be iucurred , . .. , � (esr.cept for. fui_ds obligat.ed to capital nrojects) at a rate nf . . ir".. _ * . - � ap�roximately 1f12 per manth. . � � � ' - . , � . • • , . . . � . , , .� � - , . : . . . • U.S. DEP,4RTMENT OF HOUSING ANU URBAN DFVFLOPMENT GR�,N1" AGREEMENT ��R A COMPREHENSIVE CITY DEMONSTRATION PROGRAM Part il - General Conditions • ARTICLE f - Definitions SEC. 100. Definitions. -- As used in this Agreement: (A) "Act" means Tit1e I of the Demonstration Cities and Metropolitan Development Act of 1966. . (B) "Area" means the Model Neighborhood designated in the Program. (C) "Contractor" means an entity (other than an Operating Agency) that flirnishes supplies or services to the City (other than standard commercial supplies, office space, or printing services) . (D) "Grant" means the financial assistance being provided pursuant to Sections 105 and 107 of the Act. (E) "HUD" means the Secretary of Housing and Urban Development or a , person authorized. to act on his behalf, (F) "Operating Agency" means an er�tity that nas the responsibility for administering a project or activity. (G) "Progra.m" means the HUD approved Comprehensive City Demonstration Program as the same may from time to time be a.mended. (H) "Program Administration" means the planning, programming, evaluating, and budgeting of the Progra.m and the overseeing and coordinating of the opera- ting agencies. (I) "Projects and Activities" means those undertakin�s (including relocation but not including Program Administration; which axe included in the Frogra.m a.nd are �znded in whole or in part by the Grant. ARTICLE U - Grant Funds SEC. 200. Payment of the Grant. -- The City shall request payment of the Grant o�z such basis and in such amounts and at such times and under or subject to such conditions as HUD may specif�. HUD agrees to establish a paymen� pro- cedure that will provide funds in a time]�y and regular manner. HUD-7047.2 (it-68) . , . .�� , SEC. 201. Use cf the Grant. -- Grant f�ands shall be used only for those costs which the Government determines to be �,pplicable to this A�reement. � Grant funds shall not be used (1) for the ger.eral a,dministration of the local government or (2) to replace non-Federal cor.tributions in a,r�y federally aided undertaking included in the Pi�ogra.m if prior to the fili� of an application for assistance under Section 104 of the Act an a,greement has been entered into with any Federal agency obligating such non-Federal contribution with respect ' to such undertaking. SECo 202. Restrictions on Disbursementse -- (A) No grant funds shall be disbursed in payment of: 1. Costs incurred with respect to a.ny action after HUD has requested that the City f�as�nish data concerning such action prior to proceeding f'urther therewith, unless and un�;il the City is thereatter advised by IaU7) that the Government has no �bjection to the City so proceeding; 2. Costs incurred for a project, activity or for Progra.m Ad.m.inistration prior to the approval by HUD of the respective bud.get, unless specifically approved by HUD. • (B) No grant funds shall be disbursed to an Operating Agency or Contractor except pursuant to a written contract which incorporates the applica- ble Supplementary General Conditions and unless the Operating Agency or Con.tractor is in com�liance t•ri�h HUD requirements relating to accounting and fiscal matters,. to the extent they are applicable. . t SEC. 203. Safeguarding of Funds. -- The City shall deposit all Grant f'unds in a depository acceptable to HUD and othe?�wise safeguard such funds pursuant to such instructions as HUD ma,y from time to time issue. If any interest shall be earned on the funds, the interest sha11 accrue to the bene- fit of the Government. ARTICLE I11 - Records, Reports and Inspections ! SEC. 300. Records. -- � (A) Establishment and Maintenance of Records. -- The City shall establish � and maintain recards in accordance with reo�uirements prescribed by HUD, with � respect to all matters cotiTered by this Agreement. Except as otherwise author- i ized by HUD, the City shall retain such records for a period of three years after completion of the Program. I � ! (B) Documentation of Costs. -- All costs, including ar�y services contri- � buted by the City or others, shall be supported by properly executed payrolls, time records, invoices, contr�.cts, or voucherss or other offieial documentation I � t -,2 _ s hu�aoa�.z (ti-6s) � � t � _ , � w , evidencing in proper detail the nature and propriety af the charges. All . checks, payrolls, invoices, coritracts5 vouchers, orders, or other accounting documents pertainizig in tahole or �.n �ar�; to this Agreement shall be clearly identified and readily accessible. SEC. 301. Reports and Information. -- The City, at such times and in such forins as HUD may require, shall flzrnish HUD such statements, records, reports, data and information, as HUD may request pertaining to matters covered by this Agreement. SEC. 302• Audits and Inspections. -- The City will, at any time during normal business hours and as often as HUD and�or the Comptroller General of the United States may deem necessary, make a.vailable to HUD and�or representa- tives of the Comptroller General for examination all of its records with respect to all matters covered by this Agree:nent and will permit HUD and�or representatives of the Comptroller General to audit, ex�nine and make excerpts or transcripts from such xecords, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all ma,tters covered by this Agreement. ARTICLE IY - $uspension or Terminotion SEC. 400. Suspension or Termination. -- HUI) ma.y suspend or terminate . payment of the Grant in whole or in part for cause. Cause shall include the following: (1) ineffe�tive or improper use of Grant fl�nds; (2) failure to comply with either these terms and conditions or the Program; (3) submittal to HUD of reports which are incorrect or incomplete in ar�y material respect; or (�+) if for any reasox� the carrying out of this Agreement is rend.ered improbable or infeasible. HtTD may also withhold payment �of any unearned por- tion of the Grant if the City is unable or unwillin, to accept as�y additional conditions that ma.y be provided by law, by executive order, by regulations, or by other policy announced by HUD at ar�y time. If HUD withholds payment, it shall advise the City and specif�r the actions that must be taken, in case of suspension, as a condita.on precedent to the resumption of payments. The City will remit any unexpended balance of the paynents on account of the Grant as well as such other portions of such paym.ents previously received as deter- mined by HUD to be due the Governm.ent. The action of the Government in accepting any such a,mount shall not constitute a waiver of any claim which the Government may otherwi�e have arising out of this Agreement. ARTICLE V - Controls and Restrictions SEC. 500. Conflict of Intexest; Certain Feder�,l Officials. -- No member of or Delegate to the Congress of the United States, and no Resident Counnissioner shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. SEC. 501. Confliet of Interest; Public Officials and Others. -- (A) General. -- (1) No member of the City's governing boc�y or of the governing boc�y of the locality and (2) no official or employee of the City or - 3 - HUD-7047.2(it-68) of the locality or any person F;ho exercises any f�anctions or responsi- bilities in connection with this Agreement (a) ��ay be admitted, directly or indirectly, to any shaxe or part of this Agreement or to any benefit to axise f`rom the same, or (�) shall own or acquire any personal interest in any property, contract, or proposed contract which would conflict with the performance of his duties or responsibilities under this Agreement, excep� to the extent provided for in this Section. If as�y such member, official, employe� or other person (hereafter referred to collectively as "person") presentlSr, or in the f�.itare, acquires, owns, or controls any such share, benefit, or personal interest, he shall immediately disclose such share, benefit, or personal interest to �;he City. Upon such disclosure, such person shall not continue his participation unless the City ar_d Government shall determine that, in the light of such share, benefit, or personal interest, the participation of such person in any such action would not be contrary to � the public interest. The City will promptly a,dvise HUD of the facts and circumstances concerning a,r�y disclosure ma.de to it pursuant hereto or ar�y information obtained by i� relating to conflicts of interest. (B) Citizen Paxticipation. -- It is the understanding of the parties that the .above provision will be implemented i� such a manner so as not to unreasonably impede attainm.ent of widesprea.d. citizen paxticipation in the carrying out of this Agreement. SEC. 502. Opportunities for Resid.ents. -- In all zaork made possible by or resul.ting Prom this Agreement, the City and eacYl employer will take affirma- tive action to ensure that residents of the model neighborhood area are given maximum oppurtunities for training and employment a,nd that business concerns located in, or owned in substaiitial part by, residen�Ls of the model neighbar- hood are to the greatest extent feasible awarded coritracts. SEC. 503. Discrimination Prohibited. -- (A) In all hiring or employment m�,de possible by or resulting from this Agreement, the City and each employer (1) will not discriminate against ar�Y employee or applicant for employm.ent because of race, color, religion, sex, or nation.al origin, and (2) wi11 take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. This requirement shall apply to but not be limited to, the following: employment, upgra.ding, demotion, or transfer; recruitment or recruitment advisertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in� conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The City will, in a11 solicitations or advertisement,s for employees placed by or on behalf of the City, state that al.l qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. _ 4 _ HUD-7047.2 (11-68) (B) The City hereby �rees that it will incorporate or cause to be incoxporated into any contrac�t for construction work, or madification thereof, a� defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, �ich is paid for in whole or in part with Grant funds, the equal opportunity �lause which is a part of the labor standards pravisions attached hereto. The City ftzrther agrees that it will be bound by the above equal opportunity clause with respect to its own emplcym�nt practices when it parti- eipates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of s�.ch government which does not participate in work �n or under the con�ract. The City agrees that it will assist and cooperate actively with HUI) and ��ie Secretary of Labor in obtaining the compliance of contractors and subcon- tractors with the equal opportunity clause and the rules, regul.ations, and relevant orders of the Secretary of Labor, that it will ftiu nish HUD ar�d the Secretary of Labor such informa,tion as they may require for the supervision of such compliance, and that it will otherwise assist HUD in the discharge of its primary responsibility for securing compliance. The City flzrther a.grees that it will refrain from entering into any contract or contract modification subject to Executive Order 112�+6 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts a,nd federally assisted construction con- �xacts pursuant to the Executive Order. In addition, the City agrees that if �t fa�ils or reflzses to comply with these undertakings, H[�D may take ar�y or all of the following actions: suspend or terminate payment of the Grant in whole or in part; refrain fror� extending ar�y ftiirther assistance to the City under the progr� with respect to which the failure or reflzsal occurred until satis- factory assurance of f�.iture compliance has been received from such City; and refer the case to the Department o£ Justice for appxopriate legal proceedings. (C) No person in the United States shall, on the ground of race, color, religion, or national ori�in, be excluded from participation in, be denied the benefits ofs or be subject to discrimination under any program or activity made possible by ox resulting f'rom this Agreement. The Ci�y and each employer wi11 comply witn all requirements imposed by or pursuant to the regulations of .HUD effectuating Title VI of the Civil Rights Act of 1964. SEC. 505• Copyrights. -- If this Agreement results in a book or other � copyrightable material, the author is free to copyright the work, but HUD reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted ma�terial and a11 material which can be copyrighted. SEC. 506. Patents. -- Any discovery or invention arising out of or developed in the cow°se of work aided by tt?is Agreement shall be promptly and fu11y reported to HUD for determination by HUD as to wYiether patent protection _.5._ HUD-7047.2 (11-68) ' r.. on such invention or discovery sha11 be sought and how the rights in the . invention or cl.iscovery, includizzg righ�s under any patent issued thereon, shall be dis�sosed of and adm:inistered, in order to protect the public interest. � SEC. 507. Government Not Obligated to Third Pa,rties. -- The Government will not be obligated or liable hereunder to any paxty other than the City. SEC. 5C38. Provisions Concerning Certain Waivers. -- Subject to applicable Federal law, any right or remedy whicr the Governm.ent may have under this Agreement na�r be waived by the Government, if, in the jud,gment of HUD, this Agreement, as so modified, will still cor_form to �he terms and requirements of pertinent la:�s. , SEC. 509. When Rights and Remedies Not Waived. -- In rzo event shall any payment by the Government hereunder constitute or be construed to be a waiver by the Government of ar�y breach of covenant or any default which may then exist on the part of the City, and the making of as�y such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remed.y available to the Government with respect to such breach or default. SEC. 51�. SeverabilitV of Provisions. -- If any provision of this Agree- ment is held invalid, the remaind.er of this Agreement shall not be affected thereby if s�e�ch remainder would then continue to conform to the terms and r�quirements �f' applicable law. SEC. 511.. �provals and Notices. -- (A) HU�3 approval shall be required for any substantial change in the Progra.m, or �'or arr.�yy substantial change in the work program of ax�y item included i.r_ the Grant Budge�, or for the addition or deletion of a project or activity Prom the Gra.nt Budget. (B) Whe�ever under the Agr�ment HUD approvals, authorizations, waivers, , instructions or determinations are required, they shall be effective only when given either (1} in writing and signed by HUD or 2 b ' ( ) y �eneral issuances or regulations �ssued from time to time by HUD, � SEC. 512. Maintenance of Effort. -- Payment by the Government shall be 1 conditioned upon the ma,intenance during the period of this Agreement by the � locality a level of aggregate expenditures for projects or activities similar � to those bein� ass'isted under this Agreement, which is not less than the level ' of aggregate e�.-penditures for such projects or activities prior to the execu- i tion of this Agreement. The City will promptly no-tify HUD of any matters � which have a material tendency to affect compliance with this requirement. � SEC. 513. Political Activity Prohibited. -- None af �he funds, materials, � property or �exvlces provided directl,y or indirectly under this Agreement shall � � � J _ � _ • � IiUD-7047.2 (11-68) z � a ; , # � t' P�...... be used in the performa.nce of this Agreement for ar�y partisan political activity, or to further the election or defeat ot any candidate for public office. SEC. 51�+. Fair Housing. -- In all housing projects and activities and in all relocation activities made possible by or resulting from this Agreement, the City agrees to take affirma,tive action to flarther the fair housing policies of the Government. SEC. 515. Lobbying Prohibited. -- None of the Grant funds shall be used for publicity or propaganda purposes designed to support or defeat legislation pending bei'or� the Congress. � SEC. 516. Labor Standards. -- There shall be included in al1 construc- tion contra.cts, ma.de possible by or resulting from this Agreement, with private entities the applicable labor s�tandaxds provisions, if the work being carried on is not otherwise subject to provision of Federal law imposing iabor standards on federally assis-ted conutruction and in the case of resi- dential projects if the project is designed for the residential use of eight or more families. . . _ � _ . tiUD-7047.2 (i1-68} HUD-Wosh., D.C. 233739-P �_ U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMEN7 , MODEL CITiES ADMfNiSTRAT{ON LABOR STAhtDARDS E'ROViSI0N5 l. OP'�'ORTUNITIES FI�R RESIDENTS , In a3.1 work made possible or resulting f`rom this Contract, affirmative action will be-taken to ensure that residents of the model neighborhood axea are giverf. maximum opportunity for training and employm.ent and that business concerns located in or owned in substantial part by residen�s of the model neighbor�ood are to the greatest extent feasible, awarded contracts. 2. EQ�AL OPPORTUNITY A. Dur� the gerformance of this Contract, the Coxitractor agrees as follows: (1) �'he Contractor will not discriminate against any employee or applica.nt �or employment because of race, color, religion, sex, or national origin. The Contract will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without , regard. ta their race, color, religion, sex, or national origin. Such action shall 3_nclude, but not be limited to the follcwirg: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termina�ion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor a.grees to post in con- spicuous places, available to employees and applicants for employment, ; notices �o be provided setting #'orth the proviswons of this nondiscrimina,tion ; clause. (2� The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, - color, religion, sex or national origin. (3} The Contr�.ctor will send to each labor union or representative of workers with which he has a collective bargainino agreement or other contract or understanding, a notice to be provided advisir� the said lab�r union or workers' representatives of the Contractor's conmitments under this section, and sha11 post copies of the notice in conspicuous places available to employees and .applicants for emp�oyment. . (4) 'I`he Contractor will comply wi�;h all provisions of Executive Order 112�+b of �eptember 24, 1.965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will flzrnish all information and reports required by Executive Order 112�-6 of September 24, i965, and by rules, regulations, and orders of the Secretary o.f Labor, or pursuant thereto, and will permit access HUD-7051 (z—so) ' 2 to his books, records, and accounts by HUD and the Secretary of Labor for purposes of in�vestigation to ascertain ccmpliance with such rules, regula- tions, and orders. � (6) In the event of the Contractor's noncompliance with the nondis- crimination clauses of this Contra.ct or with ar�y of the said rules, regula- tions, or orders, this Cont-ract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for flzrther Government contracts or federally assisted construction contracts in accordance ;aith procedures authorized in Executive Order 112�+6 of September 2�+y 1g65, and such other sa.rictions may be imposed and remedies invoked as provided in Executive Order 112�+6 of September 2�+, 1g65, or by rule, regula- tion or order of the Secretary of Labor, or as otherwise provided by law. (7) Z`he Contractor will includ.e the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) above and paragraph B below in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section .204 of Executive Order 112�+6 of September 24, �965, so that such . provisions a�ill be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD may direct as a means of' enforcing such provisions, including sanctions for noncomplian�e: Provided, however, That in the event a Contractor becomes in- volved in, or is threatened with, litigation with a subcontractor or v�nd.or � as a result of such direction by HLTD, the Contractor may request the United States to �n�er in�;o such litigation to protect the interests of the United States. B. Non-Segregated Facilities. The Contractor certifies that he does not maintain or pr•ovide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where seoregated facilities are maintained. The Contxactor covenants that he wi11 rot ma.intain or provide for his employees any segregated facilities at ar�y o.f his establishments, and that he wi11 na� pernit his enrployees to perform their services at any location, under his control, whFre segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, restrooms and V�ashrooms, restaurants and other eating axeas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities p-ro- vided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. 3• SPECIA.L USE OF TERM � Notzaithstanding Section 100 of the Gra,nt A�reement and Section 100 of the � Supplementary General Conditions, the term "Contractor" may include an'bperating � Agenc�� as defined in the Grant AgreemenL- and an"Agency" as defined in the � Supplementary General Conditions. . 1 � i � HUp-7�J51 fz-59i � I � 3 �F. DAVIS-BACON ACT (l� Minimum wa,�es. (i) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than � once a week, a,nd without subsequent deduction or rebate on any account (except such pay?°oll deductions as are permitted by regulations issued by the Secretar�T of Labor under the Copeland Act (29 CFR Part 3)), the f�i.11 axnounts due at time o.f payment comptzted at wa,ge rates not less than those contained in the wage determinati.on decision of the Secretary of Zabor which is attached hereto and ma,de a part hereoi, regardless of any contractUal relationship which may be alleged to exist between the Contractor and such laborers and mechanics; and the wa.ge determination decision shall be posted by the Contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably antici- pated under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mecYianics, subjec�; to the provisions of 29 CFR 5.5(a)(1)(iv) . Also for the purposes of this clause, regular contributions made or costs incurred for �ore than a weekly period under plans, ftiinds, or programs, but covering the particular weekly period, are d.eemed to be constructively made or incurred during such weekly period. (ii) The Contracting Officer shall require that any class of laborers or ' mechanics which is not listed in the wage deterr�.ination and which is to be employed under the Contract, shall be classified or reclassified confo.rmably to the wage determination, a,nd a report of the actior. taken shall be sent by the Federal agency to the Secretary of Labor. In th.e event the interested parties casinot a.gree on the proper classification or reclassification of a particular class of laborers and mecha,nics t;o be used, the question accompanied by the recommendation of the Contracting Officer shall be referred. to the Secretary for final determination. (iii) The Contracting Officer shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a frinbe benefit which is not expressed as an hourly wage rate and the Con�;ractor is obligated to pay a casYi equivalent of such a fringe benefit, an hourly cash equivalen�t thereof to be established. In the event the iriterested parties cannot agree up�n a casYi equivalent of the fringe benefit, the question, accompanied �bST the recommendation of the Contracting Officer, shall be referred to the Secretary of Labor for determination. (iv) If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wa,ees of any laborer or mechanic the a.mount of ar�� costs reasonably anticipa�ted i.n providing benei'its under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of �his Contract: Provided, however, the Secreta.ry of Labor. has fbund, upon the written request of the Contractor, that the applicable s'r.undards oi' the Davis-Bacon Act have been met. The Secretary of Labor m�a.y require the Contractor to set aside in a separate � account a,ssets for the meeting of obligatior.s under the plan or program, HU D-7051 12-s9) �F (2) �aa�hholding. HUD may ti�rithhold or cause to be �rithheld from the Contractor vo much of the accrued payments or ar3vances as ma,y be considered necessaxy '�� pay laborers and mechanics employed by the Contractor or ar�y subcontract�or on the work the f'u.11 amount of �:�es required by the Contract. In the ev�st of failure to pay any laborer or mechanic employed or working on the site oi' the work, HUD ma.y, after written notice to the Contractor, take such actio�a as may be necessary to ca.use the suspension of ar�y f�.irther payment, ad.vance, o� guarantee of f`unds until stzch violations have ceased. (3) �'ayrolls and basic records. (i) Payrolls and basic records relating thereto wi� 1�e ma.intained durin.g the covsse of the work and preserved for a period of �hree years thereafter for all laborers and mechanics working at the site of th� work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contribu- tions or c�si;s anticipated of the types described in section 1(b)(2) of the Davis-BacQ� Act), daily and week�y number of hours worked, d.eductions ma.de and actual wag�s paid. Wh.enever the Secretary of Labor has found under 29 CFR 5•5(a)(1)(�v� that the wages of ar�y laborer or mechanic include the amount of ar�y costs reasonably anticipated in providing benefits under a plan ox program described � section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall � maintain r�e�ords which show that the commitment to provide such benefits is � enforceabl�, that the p�an or progra.m is financially responsible, and that the plan or p�°�ram has been communicated in writing to the laborers or mechanics affected, aszd_ records which show the costs anticipated or the actual cost incurred i� providing such benefits. (ii) '3�ie Contractor will submit weekly a copy of all payrolls to the City ii' the Ci� -;s a party to the Contract, but if the City is not such a party the Contractor will submit the payrolls t;o the Agency for transmission to the City, for transmission to HUD. Z`he copy shall be accompanied by a statement signed by the emg�oyer or his a.gent indicating that the payralls are correct and com- plete, tha�; the wage rates contained therein are not less than those determined � by the Secretary of Labor and that the classifications set forth for each laborer or mechani� confarm with the work he performed. A submission of a "Week]�y Statement �� Compliance" which is required under this Contract and the Copeland regulatior�s of -the Secretary of Labor (29 CFR, Part 3) and the filir� with the initial pa.yroll or an4Y subsequent payroll of a copy of any findings by the Secretary o�' Labor under 29 CFR 5.5(a)(1)(iv) shall satisf� this requirement. The prime �r�rztractor shall be responsible for the submission of copies of pay- rolls for a11 subcontractors. The Con�ractor will make the records required under the labor standards clauses of the Contract available for inspection by authorizec3. x-epresentatives of HUD, �;he CitS= �r the Agenc� and the Department of Labor, anc3. will permit such representati.ves +o interview employees duxing work- ing hours c3� the job. ' (�I-) A}�prentices. Apprentices will be permi.tted to work a� such only when they are ��;istered, individually, under a bona fide apprenticeship prograan registerec2 with a State apprenticeship agency i,�hich is recognized by the Bureau HUD-7051 lz-s�) - 5 of Apprenticeship and Training, United States Department of Labor; or, if no such recagnized agency exists in a State, under a program registered with the Buxeau of Apprenticeship and Trainir�, United States Department of Labor. � The allowal�le ratio of apprentices to journeyr,�en in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the re�istered program. Ar�y employee listed on a payroll at a,n apprentice wage rate, who is not registered as above, shall be paid the wa.�e rate determined by the Secretary of Labor for the classifica- . tion of �ror�. he actually performed. The Contractor or subcontractor will be required to f�.irnish to the Contracting Officer written evidence of the registratiQ� of his program and apprentices as well as of the appropriate � ratios and -�vage rates, for the area of construction prior to using any apprentices on the contract work. (5) Cca�n liance with Co e�and Re ulations 29 CFR Part 3 . The Contractor s�iall comply with the Copeland Regulations 29 CFR Part 3) of the Secretary a�` Labor which are herein incorporated by reference. (6) Subcontracts. The Contractor will insert in any subcontracts the clauses con�ained in 29 CFR 5.5(a)(1) through 15) and (7) and such other clauses as HUD may by appropriate instructions require, and also a clause � requiring the subcontractors to include these clauses in ar�y lower tier sub- contracts wT�aich they may enter into, together with a clause requiring this insertion ia� any further subcontracts that may in turn be rnade. (7) Ccntract termination; debarment. A bxeach of clauses (1) through (6) may be g�ounds for termination of the contract, and for debarment as pro- vided in 2g CFR 5.6. 5• CONTRAG�' WORK HOURS STANDARDS ACT (1) Overtime requirements. 1Vo Contractor or subcontractor contracting for ar�y part of the contract work which may require or involve the employment of laborers ar mechanics shall require or permit ar�y laborer or mechanic in ar�y workweek in which he is employed on such work to work in excess of eight hours in ar� calendar day or in excess of forty hours in such woriiweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for a11 hours worked in excess of eight how�s in ar�y calendar day or in excess of forty hours in such workweek, as the case may be. (2) Violation; liability for unpaid wa�es; li uidated da es. In �he ever�t of ar�a violation of the clause set forth in subparagraph 1 , the Con- tractor and any subcontractor responsible theY•efor shall be liable to ar�y affected employee for his unpaid wages. Tn addition, such Contractor and sub- contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District Huoaosi «-ss� ; � 6 or to such territory), for liquidated damages. Such liquidated damages shall be computed ��rith respect to each incliv�idual laborer or mechanic employed in violation of_ tY�.e clause set forth in subparagraph (1) in the sum of �10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub- paragraph (1) . • � (3) Witihholding for un�aid wa,ges and liquidated d�ages. HUD may with- - hold or cause to be withheld, �rom ar�y moneys payable on account of work per- � formed by the Contractor ar subcontractor, such sums as may adxninistratively be determined to be necessary to satisfy ar�y liabilities of such Contractor or sub�ontractor for unpaid wages and liquidated damages as provided in the clause set forth in subpara,graph (2) . (�+) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in subparagraphs (1), (2), and (3) of this paragraph and also a clause requiring the subcontractors to include these clauses in a.r�y lower tier subcontracts whic�. they ma,y enter into, together ��•ith a clause requiring this insertion in any fla.rther subcontracts that m�,y in turn be made. . HUD-7051 12-69) HUD-Waeh., D. C. �3(�j;sP � ' y I... p . . . ... . ""4,aj;#7� �' � , , � � + � . • � ��.� � - . . . . i ��.:�' . , • ' - . . . � � . . � , . • . . , ' . �4 � . • ' ' - FOHM 11 - . , �; ',-'. ;, - �'`; . � . �SSURIS;CB T�r]IT:i RESPECT TO COT��'LIANCE Z�TITH THE RELOC�TION v= �' RU�UIF�F:�'��ITS GF Sr;CTIOI�d 210 OF TI-rF UPIIFORM RELOCAiI0P1 � ASSIST�1TdCE t�1D REAL PROFERTY IiC�`UISITION POLICI� ACT OF 1970 � �y.� �S. ' � � , . . .., �' . • . . , . �`'' A. The Cit of St. , Y Paul, Minn. hereby assures that it has authority under � state and local 1aw to col�ply i•rith section 210 of the Uniform Relocation ' . Ass�_s�ance and Real Property Acqui�ition Policies Act of 1970 (Public • Law S+l-��6, hereafter called the Act) and tha�; notwithstanding any . - provision set fcrth in the Grant Agreement for a comprehensive city demonstrat:iion program: . ( . (1) Fair �nd reasonable relocation payrrients and assistance shall be ' provided in accordance t-rith sections 202, 203, and 20� of the Act ", and a�plicable �iiiD xegulations in effect at the time of displacement, 'r.. ' ' " � to or i'or individuals, partr.erships, corporations or associations .::� . . �isplaced as a result of the comprehensive city� demons�ra�ion program; ` (2) R;elocation assistance programs offering the services described in . - �ection 20� of the Art shall be provided to sl_ch displaced individuals, �artnerships, corporations or associations in the manner p��ovideci ° . . �nder applicable HUD re�ul.ations iri ei'fec� ai; the �cirne o� displacement; . ,;. ;.� . � � ,.,(3) �T��hin a reasonable ��ime prior to dzsplacement, decent, safe, and sanitary replacement dw�llings t,•ill be available to sach clisplaced �`" '' ir�ciividuals, partnerships, corporations or associata_ons �in accordance :. .,� . �*ith section 205(c )(3 ) of the l�ct; and , .°'"� •` ;' (!�) The costs to the City of St. Paul� Minn. _ af proviclin� payment� and F . . .. _ assistance hereunder. shall be borr_e in accordance with section 21.1 - of the Act. . . - (5) The City of St. �Paul, Minn3•�ill execute such amendments to the Grant�. ' �igreemerit and execate, �'urnish, and be bounci by, sucr. adciitional . documents as tne Secretary of �Iousing and Urban Development shall � � detez°�rli.ne necessary -L-o efiectua�e or implerrient the wssurar�ces provided "� �� hei�eunder. The Cit;r a.grees to ;_ncorporate appropria�e p-roJisioizs in '_�� �=' • con�:rac;:s t*ith o�aratin� a�cnc�.es to asstzre ir�vlementG��i�n a� t2iese 4.� . , assuz�ances. • � � . � : . . ;r ...,,'. .. . . 4.. . t,,' : ' •. . . � . .■+ � i. -C, k" I� � (�'� 7- � � .� � -.�--- _� ------ -- -- �.� __ __ .-- - . _ _ _ _ ____ _ _ __.- - --.__ _ .. _. ___. . � . , .- . l _ _ _ . �_=-----_ _.__._.-_ t,'%�,' ' . , . �� C . . . ,� . . " , ��: , ' ° , � t, �:a�Y=r' i.. . . ` . . ' ASSURAI�E 'i1Z�i RE��'��' TO C�F�I,��'�."ICE W��',4'i'� �tEAL f'�;d� �-�;�4 � ' ' ACQITISITI0�7 R�.���IR�"��'1� Q�' s�rzor 3�5 0� �t� tr�FO� r�r.oc���ro� ... � �,98IST�IL;CE l�� P,E�.� �I'�3��R� AC�,��I�'I0� :POLZCIES ACT OF 1970 • , .. , � .. � i,� . y - � . . . .-.f.; . . � . . ==��� �. ' A, Ttae City o� St: 1'��ul, hiiruzesota k������ as�re� t�rmt S� �S the �`�:::`. ��t���ity u��r �tatP r��i ��a7. 1a� ta e�l� �ith Bectioa 305 of =�3;- ' thca �fo� �eloe€�tian As�iE�c� �nr� �t�€al Pr�carty Acc�ait�ition Policiea '��`" � 'k Act o� 19?0 �F�zb��e F.�t� �1-6�i6, hcr�a�'trs c�lleai the Act) cact t�t no�t� 3�:xF.a�"' �ti.t�at.�.ucli� �n,Y Provirsion �e� 2orth in ��ae �r�t t��e�ent for a . _ �;.;;: . co�re��ieasive city d�onot,�€+�ion pra��^�: , . �1� IEI l�C�liY'�'�,;-,� �E�]. �l�1c:I"t� �i CO�.�C$1�II �i�G� �h@ GRT�pPQh�Ii�1Y@ - . c3ty �e�A�t�ti�ra px�?��^�.::�, ��� �it� oP .�q�� ,_,;�,.ti.��:;n���� . �r121 ,:.�:.. • ' b� Qu�.d�A �si ��e �ze�a�ea� e�tent ��ctic��ll� ��:a�ler €s-�at� ���, bg : - . -... ttzQ 1�si ac;€��3s+itic�u �lie�es set out ua2�cr aectioa 301 caf t�te ` . - - Ae�- ar.� th� prov�o3.�na oP sectiva 302 there�t', �2) �ertr o�r��r� �r311 be gaid ar re3.��bs�r�ed for n�*c�scary �sp�s�s ,} ` � � �peeifie� ia sectio�s 303 � 30�t of the Aet; a�d � �` � ; �3) 'ii�e co�ta to tha City af St Pat�.1 �Zi.z�nesotaor prt�vidi� g��rtta �nd aasiatc�aiec her�unfler a���rn� �.n �cc��euace eritFi 8ection • :`.�. `. ' 211 0�` �.F�� �ct. � � (�+) �� Citg of St. P�u1, ��inn�esota mj.1�L ex�ct�,�e �cb �aa��..�rtts to - tb� Gr�at AQx°���at �.si �ecsat�, �h � be � bqq �neh � ,�;�� .' � �. �1c�iti��;a1 c��.�aenta aA t�ae 8ecz�ht:�z� af Ii�� � ETr�� I?eve���t "}:,>. ; . stza).1. deteg-�n� �ece�r�� t,o e���c���t� or i�I.��t th� aca�nrr�cee provi��d hercu�.�.er. �� City r�:�Q� to ��c���t� �xv�pz��i��:aa '�5 provision� i� contr�cta aith aperating agenei�� to acsure �l�ta- ' ',' tiaa� o£ th��� aasursn�ea e . t ,: ,.;; . °> . jL� ' . , . . . . . . . � . . .. - . . t(.� � ' � . � � � : . ' kj: . . . � . . . � 'ti. .. , . ' � . . � �`- -� . . . . . . .. ' . . �',i. . . . ' � . •��. ' � ' . . .. . . .�x, . .. . � ' . ' • .. � . .. . . ' .'.� . . . .. . . k' . . r . ,; .�• . .: � r.ti ' , :t. _ ,::,c . � � - . a. _ .!. . . . . • � .•. � . . .. . . � . . . � �. . r ' . . / ...� �- ' . . _ � � . . �.��1� ,h;7-- ,;� . . . , _;.,� � -- -- :.x�- -r r--r: -� . ._, _. . . . _. . . . _ .. _ _ - __ . , - . ., .,, ,.. r., � i r - ' �r �� �� . �� ---- __ _— _.._.�_� _ s oun�cas ro Mawme t'��1��� CITY OF ST. PAUL couNa� � �'� + OFHCE OF THE CIn CLERK �+� NO. COUNCIL RESOLUTION—C ENERAL FORM ���r COMMISSION� �A� W�B� T'�t Ci� �r� S�a�t �iu�t�1 �tizu t4 �' t�t� a �Oear ���v�e C��jr D�o�urt.��ie� F�e�a m rt#sss�d tx► �a tha graa�'. at�s�d l�srttb s� �e�,� p l�r�f} �th Tad�asl �in��►1 ��ift�a� madar Titla I o� th�s D�aRSt;p�a �ti+ts �md l�trnpolitan l�cvrt],o�eat A�ct o�! 1966 (hersin o��ll�d �rc� }� .��.��:� . . �.��� i�SRBAS, Ths �c� ra�uirts la�al s�ing ap��aal +�� t.�r Prc►�rm a�e� � �o�arditio�n fos� s13.gl.��jr fnr i��ta�aa� 110�, THEitB�O�t, e� it x'�erol� by' tl'�wt Ct�cil a!' t�t �it�r' of �aint P�. au fal�it� - Ssctiaa l. '� Pr+�s�a�„ ix�ludi�g t� pro��at.� �md a�cti�.t.��s •r�� �or�Ch in t�s Gd�ac�t A��, �.s �trsbyr app�ro�d. �. 2. Tl� �f���. Citg �l�zic �d City E`�ts�ll+�s' � a�t?�* t+� �r��► �a t t�,�wmt �rith t�► t�►t�ed Str►t+rr�t �� l�s� e�r�� d� ax l �ss�y f� o�sr ta r� �wt � Pso� ia�elvid�ao� th� �ab�sai�a of �rch r�rposka, c�r��,#i+�:va�.� �t o� rrt�s�tal �rs tl�a S�r�tta�y af �,u�.n�g a�d Ur�am �slt��tt �11 ��• S�c. 3. T!u G�.�► of Satu� �oul asr�r�s ,�vl�. z�a�a►r�ibi�►ity !or at�r� that al� � fu� �r�.�1 br us�d i�t an �arda�i.ca1. a�rd �fici�t wiumr�ex ����aut �t Fr�gr�► �crd assu�rs t'!a � sasy �-1��►d�tssl c► �aat o�' P��aaa ��t�aatt,aa. T� Ci� Coo�krolltr Qr ttis a�t��+c►r os e�tl�al.s t�g► dc> al th#.nga �stird to ba c'�a in �r ta o� p�� +�i� t� �, iac�.veli� b�t uo1� li�dtsd 1�c�► tt� s�al�c:tic�n a►! a brrak to s�sc�si�+epa �oa�trs, � �uba�l.s�i.en� oi �i�t�cr� sp�i• w�s�ts, �od � fil�ag�vi� s�sq���a �ar p�nrw�, � 5�.�.,'tk;..f[-.t k:x�aK�;.�,��R7 .. . . . �• Z Z ���� . , COUNCILMEN Adopted by the Cound� 19—.... Yeas Nays Butier �Y 1 1 �97� Carlson Approv� 18_ Levine Tn Favor Meredith M�ayor spT&flC8 Aoarninat �^ Mr. President, McCarty ��9 i