249903 � ��9�Q3
OEIdINAL TO CITY CL6RK
� . , CITY OF ST. PAUL FC.10LENCIL NO.
� OFFICE OF THE CITY CLERK
IL RESOLUTION-GENERAL FORM
PRESENTED BY
COMMISSIONE ATF
RESOLVED, That the Council of the City of Saint Paul
does hereby concur in the recommendation of the Model City MNPC,
and the Council does hereby authorize its proper City officers to
execute Agreement, on behalf of the City of Saint Paul (City
Demonstration Agency), between the City and A. L. Nellum Associates,
said Agreement pertaining to providing of technical services to the
Model City Department, a copy of said Agreement being attached
hereto and incorporated herein by reference.
J U L 2 9 1970
COUNCILMEN Adopted by the Counci� 19—
Yeas Nays
Butler ��� 2, 1�70
�,� Approved 19�.
Levine �?jn Favor
Meredith
Sprafka � Mayor
A gainat
Tedesco
Mr. Preaident, McCarty FOR PPR� �
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PUBLISHED �UG 11970
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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 Saint 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 planning and developing 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 1966; and
WHEREAS� the City Demonstration, Agency desires to
engage the Contractor to render certain services in connection
herewith�
NOW� THEREFORE, the parties hereto do mutually agree as
� follows :
1. Scope of Services. The Contractor shall� in a
satisfactory and proper manner as determin.ed by the City
Demonstration Agen.cy� perform the following services :
a. Scope or Purpose of Contract
Assist � through technical assistance and
training the St . 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. Assis�t 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 th� principles and
- requirements for an effective Model Cities
evaluation system. ,
3. Such 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. .
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2. The Contractor shall commence performance of this
contract on the 16th day of June , 1970, 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 accaunting 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 �he amount of �en Thousand Two Hundred Dollars
��10�200.00� � whlch shall constitute full and complete
compensation for the Contractor's services under this
contract . The City Demonstration Agency agrees to pay to
the Contractor such sums as billed by the Contractor. .
Such sums shall be paid in the following manner in every '
case , subject to receipt of a requisition for payment from
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. the Contractor specifying that he has performed the work
under the contract in conformance with 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
HITD 7003b dated 7-67) .
6. Other Provisions . �
a. Independent Contractor. For the purposes
of this agreement , the Contractor sY�.all be deemed to be
� an in.d�pendent 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 Min.nesota on, behalf of said employees
or other persons while so engaged, hospii;alization in.surance
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 con.sequence of any act
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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 supplies 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 19�1, tYiat in the hiring of common or skilled labor
for the performance of any work under this agreement , 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 qualified and available to perfor:n the worlc to which such
employment relates ; that no contractor, material supplier
� or vendor under this agreement shall in any manner
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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. '
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IN WITNESS TIiEREOF, 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 Clerk
FOR APPR E
Corpo ti ,sal
s C xecutive Da. ector,
St. Paul Model Cities
A. L. NELLUM AND ASSOCIATES
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' � r2cc��t 3ico.zA
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�. , HU D-7003b
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. EXHIBIT H
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: I � CONTRACT FOR TECHNICAL OR PROFESSIONAL SERVICES
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; PART II - TERMS ANp CONDITIONS '
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1. Termination of Contract for Cause. If, through any cause, the
Contractor shall fail to fulfill in timely and proper manner hfs obli-
- � gations under this Contract, or if the Contrator shall violate any of
' the covenants, agreements, or stipulation§ of this Contract, the City
� Demonstration Agency shrsll thereupon have the right to terminat� thie
� 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 of such termination. In such event, all finished
� �` or unifinished documents, data, studies, surveys, drawings, maps.
4 ' models, photo��-aphs and reports prepared by the Contractor under this
t Contract shall, at the option of the City Demonstration Agency beco�e
i its property and the Contractor shall be entitle.d to receive just and
-r �{�' equitable compeneation for any work satisfactorily completed hereunder.
�
� Notwithatandin� the above, the ContrACtor shall not be relieved of
' Liability to the City Demonstration Agency for damages sustained by the
City Demonstration Afency by virtue of any breach of the Contract by the
Contractor, and the City Demonstration Agency tnay withhotd any payments
t • to the Contrnctor for the purpose of set-off until such tirne as the
� exact amount of damages due the City D�monstration Agency from the
} Contractor is determined.
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P 2. TPrmination for Convenience_ of City D�monstration A�ency. The
! City Demonstration A�ency may terminate this Contract at any time by
r gi�i��� at leaat ten days notice in writing from the City Demonstration
� A�ency to the Contractor. If the Contractor is terminated by the Ci[y
� Demonstration Agency as provided herein, the Contractor will be paid
t an amount which bears the same ratio to the total compensation as the
� services actually performed bear to the totul services of the Contrc�c-
� tor covered by this Contrnct, less paycr,ents of compensation previously
� ^' made: Pro�ided, however, that if less than sir.ty percent of the
� services covered by this Contract have b�en preformed upon the effective
� date of such termination the Contractor shall be reimbursed (in addition
to the above pay;:,ent) for that portion of the actu�l out-of-pocket
. � expenses (not otherwise reimbursed under the Contract) '
1 incurred by the Contractor during the Contract period which are directly
� attributable to the uncompleted portion of the services covered by this
! Contract. If this Contract is terminated due to the fault of the Con-
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• tractor, Paragraph 1 hereof relative to termination shall apply.
� 3. Changes. ihe City Demonstration Agency may, from time to
' time, request changes in tt�e 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 Contra�tor represents that he has, or will 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
� Agency.
� b. All of the services required hereunder F�ill be performed
� by the Contractor or under his supervision and all personnel
�
,. � engaged in the work shall be fully qualified and shall be author-
� ized or permitted under State and local law to perform such
x services.
P 'r'�
t . C. None o£ the work or services covered by this Contract : s
shall be subcontracted without the prior written approval of the "
� City Uemonstration Agency. Any work or services subcontracted
hereunder shall be specified by written contract or agreement
and shall be subject to each provision of this Contract.
5. Assi�nability. The Coritractor shall not assign any interest
� in this Contract, and shall not transfer any interest in the same
; (whether by assignment or nov�tion) , without the prior written consent
� of the City Demonstration Aoency thereto: Provided, ho:aever, that
_ claims for money due or to become due the Contractor from the City
Demonstration Aoency under this Contract may be assigned to a bank,
�- trust company, or other financial institution without such approval.
' Notice of any such assi.gnment or trans£er shall be £urnished promptly
� to thp City Damonstration A�ency. :
6. Rcport� �nd lnformation. The Contraceor, nt euch time �ncl in
euch forms as HUD, and/or the City Demonstration A�;ency, may require,
� shall furnish HUD and/or the City Demonscration Agency such periodic '
� reports as it may request pertaining to the work or services undertaken i
pursuant to thi.s Contract, the costs and obiigations incurred or to be
incurred in connection therewith, and any other matters covered by this
,
Contract.
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MCGR 3100.2A
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' 7. -Records and Audits. The Contractor shall maintain accounts
and records, including personnel, property and financial records,
adequate to identify and account £or all costs pertaining to the Con-
tract and such other rec�ords as may be deemed necessary by the City
' Ucmonstrstion Agency or HUD to c�ssure prope�r c�ccounting for all pro-
� � ject funds, both Federal r�nd non-Federal shares. These records will
be made avr�ilable for auditpurposes to the City Demonstration Agency,
, ' HUD or the Comptroller General of the United States ar any authorized
representative, and wi11 be retained for three years after the expira-
tion of this�Contract unless permission to destroy them is granted by
_ both the City Demonstration Agency and HUD.
8. Findin�s Confidential. All of the reports, information, data,
etc. , prepared or sssembled by tLe Contractor under this Contract are
confidential and the Contractor agrees that they shall not be made
available to any individual or organization, other than an agency of
the United States Government, without the prior written approval of the
City Demonstration Agency.
9. IdentificatSon of Docnments. All reports, maps, and other
documents completed as a part of this Contract, other than dacuments
exclusively for internal use within the City Demonstration Agency,
shall contain the following information on the front cover or title
page (or in the case of maps, in an appropriate block): Name o£ the
: �h, City Demonstration Agency, month and year of the pregaration, name •
� of the Contractor, name of the Model Tleighborhood Area or portion
thereof, and the following notation covering Federal assistance:
The preparation of this /report, map, documents, etc./
was financed in part through a grant from the Department
of Housing and Urban Development, under the provisions
of Section 104 of the Demonstration Cities and Afetro-
politan nevelapment Act of 1966.
10. Cop �ry i.�;ht. No report, maps, or other documents produced in
whole or in part under thi.s Contract ,shall be the subject of an appli-
cation for copyright by or on behalf of the Contractor.
11. Patent Ri�hts. In the event that any invention, improvement
' or discovery may be conceived or first actually reduced to pract�ce by
the Contractor or fts employees, in the course of or under this Con-
trACt or any subcontract, the Contractor shall give prompt notice there-
.. of to the City Demonstration Agency. Any such invention, improvement
or discovery, together e.rith �11 information, designs, specifications,
� know-how, data, pGtent rights, and findings in connection therei:ith
' which arose or were developed in the course of the performance of this
Contract or any subcontract hereunder, shall be made available to the
. public through dedication, assignment to the Covernment of the United
, States of America, or such other means as HUD shall deterrnine.
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hIC GR 3100.2A
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� 12. Compliance with Local Laws. The Contractor shall comply wi�h
, 811 applicable laws, ordinances, and codes of the State and local
governments, and the Contractor shall save the city Demonstration
Agency harm�.ess a�ith respect to any damages arising from any tort done
' in performing any of the work embraced by this Contract.
, 13. Equal Employment Opportunity. During the performance of thia
Contract, the Contractor agrees as follows: .
a. The Cantractor wLll not discriminate againsl any employee
or applicant for employment because of race, creed, color, or .
natibnal origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment, without regar8 to their race, creed,
, color, or national origin. Such action shall include, but not
be limited to, the following: Employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff,
or termination; rates of pay or other forms of compensaLion; and •
selcction for trainin�, including apprenticeship. The Controc�or
� agrees to post in conspicuous places, Available to employees and
applicants for employment, notices to be provided by the City
Demonstration Elgency setting forth :the provisions of this non-
diecrimination clause.
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_ b. The ContrACtor will, in ail solicitations or advertise-
ments for employees placed by or on behalf of the Contractor, "
state thaE all qualified applicants will receive consideration
for employment without regard to race, c reed, colur, or nationa2
origin.
c. The Contractor will cause the foregoing provisions to be
inserted in all subcontractors for any work covered by this
Contract so that such provisions will be binding upon each sub-
; contractor, provided that the foregoing provisions shall not apply
to contracts or subcontracts for standard commercial supplies or
- raw materials.
l�s. Civil Ri�hts Act of 1964. Under Title VI of the Civil Rights
Act of I964, no person shull, on the ground of race, color, or national
origin, be excluded from participation in, be denied the benefits of,
. or be subjected to discrimination under any program or acttvity re-
ceiving Federnl financial assistance.
The Contractor f�i.11 carry out its work under this Contract in a
' manner which wil�l pnrmit full comptiance by the Comprehensive City
! D�n;onstration Pro�ram wieh that statute and the regulntions adopted by
y HU D thereun�er.
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/-� MCGR 3100.2A
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15. Interest of Members of City Demonstration A�ency. No member
• of the governing body of the City Demonstration Agency, and no other
- - office, employee, or agent of the City Demonstration Aoency who exer-
. cises any functions or responsibilities in connection with the plannin�
and carrying out of the Comprehensive City Demonstration Program, shall
• have any personal financial interest, direct or indirect, in this Con-
. tract; and the ContrACtor shall take appropriate BCeps to assure com-
• pliance. . .
16. Interest of Other Lncal Public Officials. No member of the
� governing body of the locality in which the Model Neighborhood Area is
situated, and no other public official of such locality, who exercisea
any functions or responsibilities in connection with the planning and
carrying out of the Comprehensive City Demonstration Program shull have
- any personal financial interest, direct or indirect, in this Contract;
and the Contractor shall take appropriate steps to assure compliance.
17. Interest of Contractor and Employees. The Contractor covenants
that he presently has no interest and shall not acquire any interest,
direct or indirect, in [he Model Neighborhood Area or any parcels there-
in or any other interest which would conflict in any manner or degree
with the performance of his services hereunder. The Contractor further
coven4r�ts that in the performance o£ this Contract no per�on having any
�` such interest shall be employed.
( , .
18. Interest of Certain Federal Officials. No member of or Bele-
gate to the Congress of the United States, a.nd no Resi�ient Commis�ioner,
shall be admitted to any share or part of this Contract or any benefit
to raise herefrom.
19. Definition. The term "HUD" is used herein to me2n the Secre-
tary of fiousing and Urban Developmant or the person authoriz�d to nct
on his behalf.
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5169
Page 5
o��,�,n,��„� 249���D3
� . . CITY OF ST. PAUL �uNCa NO
= OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENf�tAL FORM
PRBBrTED�Y
COMMISSIONEe .DAM
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JU.L 2� �70
COUNCII.MEN Adopted by the Council 19—
Yeaa Nays �� 2 9 1�70
Butler
� Approv� 18—.
Levine T� Favor
Meredith
Sprafka � ��
A oAriL311Ftt
Tedeaco
Mr. President, McCarty
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