Loading...
250209 ' ��-i �50;��9 FRI6INAL TO CITY CLBRK CITY OF ST. PAUL COUNCIL • OFFICE OF THE CITY CLERK FILE NO. C UNCIL RESOLUTION—GENERAL FORM c PRESENTED BY COMMISSIONE ATF RESOLVED, That the proper City afficers are hereby authorized and directed to execute, on behalf of the City of Saint Paul, agreement between the City and A. L. Hellum Associates, pertaining to the pro- viding of professional services to the C�ty's Mode1 City Department for a consideration not to exceed the sum of $10,200.00, as more particularly set forth in the said agreement, a copy of which is attached hereto. Y P��R�'�N Q� e� FOR r�� CAcp�ca �, 2 b 1910 COUNCILMEN Adopted by the Council 19— Yeas Nays ��� � � ��]� W�;r< � Butler Carlson � ove� 19— �� �n Favor Meredith Sprafka v Mayor Tedesco A Sainst Mr. President, McCarty PUBLISHED AUG 2 9 �970 , O � ��0 d� . A G R E E M E N T ��� THIS AGREEMENT, made and entered into this day of , 1970, by and between the City of Saini� Paul �herein called the City Demonstration Agency� and A. L. Nellum Associates �herein called� the Contractor� WITNESSETH: WHEREAS, the City Demonstration Agency has entered into a contract with the United States of America for a grant for the plann.ing and develaping of a Comprehensive City Demonstration Program for a certain area �herein referred to as the Model Neighborhood Area� pursuant to Title I of the Demonstration Cities and Metropolitan Development Act of 1g66; 'and WHER�AS, the City Demonstration Agency desires to engage the Contractor to render certai.n services in connection herewith, NOW, TIi�REFORE, the parties hereto do mutually agree as follows : ' 1. Scope of Services . The Contractor shall� in a satisfactory and proper manner as determined by the City Demonstration Agency� perform the following services : a. Scope or Purpose of Contract Assisi; , through technical assistance and trai.ning the S� . Paul Model City Agency in the development of plans and programs which utilize and involve agencies of city and state government. b. Specific Tasks to be performed 1. Assist in the development , writing, and consolidation of project reports � . relocation plan, resident employment , mid-planning and summary description section of comprehensive development plan. , 2. Train St. Paul Model City Staff, Model Cities Planning Council members and agency representatives in the principles and � requirements for an effective Model Cities evaluation system. . 3. 5uch other assistance in the development of the proposal for incorporation in this plan as may be deemed necessary and agreed upon by the parties. 4. Train Model City Agency staff, Model City Planning Council members and agency � representatives in techniques of program design, evaluation, selection and imple- , mentation. • _2_ . 2. The Contractor shall commence performance of this contract on the 16th day of June , 19�0, and shall complete performance to the satisfaction of the City Demonstration Agency no later than the 31st day of August , 1970, unless an extension of said period is mutually agreed upon in � writing by both parties prior to the stated date of expi- ration. 3. The Contractor shall maintain such records and accounts , including property, personnel, and financial records as may be deemed necessary by the City Demonstration Agency to assure a proper accounting for all financial obligations incurred by said City Demonstration Agency. These records shall be retained by the Contractor for a period of not less than thirty-six (36) months following the expiration of this agreement and will be available for audit purposes throughout this period. 4. The City Demonstration Agency agrees to pay the Contractor the amount of Ten Thousand Two Hundred Dollars ��10,200. 00� � which shall constitute full and complete compensation for the Contractor's services under this contract. The City Demons�ration Agency agrees to pay to the Contractor such sums as billed by �he Contractor. Such sums shall be paid in the following manner in every � case , subject to receipt of a requisition for payment from _3_ the Contrac-tor specifying that he has performed the work under the contract in conformance �ith the contract, and that he is entitled to receive the amount requisitioned under the terms of the contract : Monthly, within fifteen �15� days of receipt of billing by the Contractor. 5. Terms and Conditions. This agreement is subject to and incorporates herein by reference the provisions attached hereto as PART II - TERMS AND CONDITIONS �from HUD 7003b dated 7-67) . 6. Other Provisions . � a. Independent Contractor. For the purposes of this agreement , the Contractor shall be deemed to be an independent contractor and not an employee of the • City Demonstration Agency. Any and all employees of the Contractor or other persons , while engaged in the • performance of any work or services required by the • Contractor under this agreement , shall not be considered . employees of the City Demonstration Agency; and any and all claims that may or might arise under the Workmen' s � Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, hospitalization insurance coverages , social security and pension payments and benefits , other employee oblications and benefits , and any and all claims made by any third party as a consequence of any act � -4- or omission on the part of the Contractor, the employee or other persons while so engaged on any of the work or - services to be rendered, shall in no way be the obligation or responsibility of the City. The Contractor shall pay as they become due all just claims for work� . tools � machinery, skill, materials , insurance premiums , equipment and suppZies furnished, rendered or performed in the execution of this agreement. b. Claims . The Contractor identifies , saves and • holds harmless and agrees to defend the City, its officers , agents or employees thereof, from any and all claims , demands , actions or causes of action of whatsoever nature or character arising out of or by reason of the execution or performance of the work of the Contractor provided for under this agreement. c. Non-discrimination. The Contractor agrees , in accordance with Chapter 238� Laws of the State of Minnesota for 1941, that in the hiring of common or slcilled labor for the performance of any work under this agreemei�t , that he shall not, by reason of race , creed; or color, discriminate against any person who is a citizen of the United States who is quulified and available to perform the work to which such . employment relates ; that no contractor� material supplier or vendor under this a�reement shall in any manner . -5- discriminate against, or intimidate , or prevent the employment of any person� or on being hired� prevent or conspire to prevent any person from the performance of work under this agreement on account of race , creed or color; that this agreement may be cancelled or terminated by the City Demonstration Agency and all money due or to become hereunder shall be forfeited for a second or any subsequent violation of the terms or conditions of this agreement. ' . � _6_ . IN WITNESS 1'HEREOF, the City Demonstration Agency and the Contractor have executed this Contract as of the date first above written. Countersigned: � City Comptroller CITY OF SAINT PAUL by Mayor � City Cle k ` Executive irector, . St. Paul Model Cities A. L. NELLUM AND ASSOCIATES by �. �.�A��w�1�S . _7_ , , , . . . , ., _ _ _ _. _ _ � __ , __ . _ �, , . - . . „ ' �. . f� . � . ... �m...�......�..��. ,� V `' MCG�� 3100.?A .� �'`'R, _.._..�... � 1 1 4 • � � HUD-7003b ' ,� (7-67) EXHI BIT H ,i . ,� , CONTRACT FOR TECHNICAL OR PROFESSIONAL SERVICES , ------------------------------------------- I ' PART II - TERMS AND CONDITIONS ' . 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner hia obli- • � gations under this Contract, or if the Contrator shall violate any of � the covenants, agreements, or stipulations of this Contract, the City � Demonstration A�ency shall thereupon have the right to terminate thia � Contract by giving written notice to the Contractor of such termination � and specifying the effective date thereof, at least five days before ; the effective date o£ such termination. In such event, all finished � or unifinished documents, data, studios, surveys, drawings, map�, i ' model6, photo�raphs nnd reports prepared by the Contractor under this � Contract shall, at the option of the cicy Demonstration Agency become r f"`', its property and the Contractor shall be entitled to receive just and ` t equitabl�: compensation for any work satisfactorily completed hereunder. -� . � " NotwithRtanding the above, the Contractor shnll not be relieved of � liability to the City Demonstration Agency for damages sustained by the City Demonstration At.ency by virtue of any breach uf the Contract by th� ContrACtor, and the City Demonstration Agency may withhold any payr,�ents • to the Contractor for the purpose of set-off until such time as th� e exact amount of damages due the City Demonstration Agency from the � Contractor is determined. t. ± 2. Tprmination for Convenience of City Damonstration Aryen�. T'he T City D�monstration A�ency mny terminate this Contract ut any time by � giving tzt least ten days noti.ce in writing from the City Demonstration F Agency to th� Contractor. If the Contractor is tertninated by the City � Demonstration Agency as provided herein, the Contractor will be paid t an amount which bears the same r�tto to the total compens�ttion as thc i services actually performed bear to the total serv'ices of the Contrac- � tor covered by this Contract, less payments of compens�tion previously } �' made: Pro�lided, however, that if less than sixty percent of the � services covered by this Contract have been preformed upon the effective � date of sucti termination the Contractor st;all be reimbursed (in addition � to the above pAyrr,ent) for that portion of the actual out-of-pocket E expenses (not other�lise reimbursed under the Contract) � t incurr2d by the Contractor during the Contract period which are directly ; attribu[able to the uncompieted portion of the services covered by this � Contract. If this Contract is terminated due to the fauit o£ the Conp� r �.. � �� � 5169 ± pAge 1 ; ; . � • '� _ � , • , . ,., _ _. _ _ _ � _ __ _ ____ .. . ^w _ _. • , � b1CGI: 310J.2� -' � �rt� • trctctor, Paragraph 1 hereof relative to termination shall apply. ' 3. Chan�es. ihe City Demonstration Agency may, from time to ' time, request changes in the scope of the services of the Contractor ' • to be performed hereunder. Such changes, including any increase or � . decrease in the amount of the Contractor's compensation, which are ' mutually agreed upon by and between the City Demonstration Agency and the Cnntractor, shall be incorporated in written"amendments to this . Contract. � ' 4. Personnel , ' a. The Contractor represents that he has, or wilt secure at ! his own expense, all personnel required in performing the services � under this Contract. Such personnel shall not be employees of or � ` have any contractual relationship with the City Demonstration � A,gency. � b. All of the services required hereunder will be perfornled ' by the Contractor or under his supervision and all personnel . s` engaged in the work shall be fully qualified and shall be author- � ized or permitted under State and local law to perform such � services. - € �"i : C. None of the worlc or services covered by this Contract a �x shall be subcontracted without the prior written approval of the ' " City Demonstration Agency. Any work or services subcontracted hereunder shall be specified by written contract or egreement and sha11 be subject to each provision of this Contract. ' S. AssiQnability. The Coritractor shall not assign any interest , in this Contract, and shall not transfer any interest in the same � (whether by assignment or novation) , without the prlor written consent � of the City Demonstration Agency thereco: Yrovided, however, that claims for money due or to become due the Cantractor from the City ' Demonstratian A��ncy under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. ` Notice of any such assignment or' transfer shall be furnished promptly � to thP City Denonstration Agency. : , 6. R_ eportn and Inform�tton. The Contractor, nt c�uch ti.me and in such forms a3 HUD, tlnd/OY the City nemonstration A�ency, m�iy require, 1 shall furnish HUD and/or the City Demonstra�ion Aoency such periodic � reports as it may request pertaininb to the work or services undertaken pursuant to this Contract, the costs and obiigations incurred or to be incurred in connection therewith, and any other matters covered by this ' Contract. . } s /r; , 5/69 ' P�tge 2 - „`DUTLICAT�TO lRIN'f�t . . ����� . CITY OF ST. PAUL F�uNCa NO. • OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GC-�IERAL FORM PR�ENTED tY COMMISSIONER �ATE RESOLVED, That the proper C1ty offlcers are hareby authorized and directed to execute, on behalf of the City of Saint Paul, agreen�ent between the City a�nd A. L. Nellum Associates. pertaining to the pro- viding of professional servlces to the City's Mode1 City Departinent for a conslderation not to exceed tfie sum of ;10,200.00, as more particularly set forth in the said agreanent, a copy of which is ettached hereto. COUNCILMEN Adopted by the Council 18— Yeas Nays Butler Carlson Approve� 18� �s�.e' � Tn Favor Meredith Sprafka d �� A m►ingt Tedeaco Mr. President, McCarty ��