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246115 ORI6INAL�TO CITY CLHRK CI1 1 OF ST. PAUL � co�NC�� ������ OFFICE OF THE CITY CLERK F�`E Na. OU CIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE � DATF RESOLVED, that the proper City officials are hereby authorized and directed to enter into an agreement between the City of Saint Paul and the Data Processing Department, County of Ramsey, for the purpose of providing certain data processing services to the City Planning Board, a copy of which agreement is hereunto attached an d made a part hereof by reference. ��RN AP R�EO r orat+on Coun�el Asst. Co P pCT 3 0 1969 COUNCILMEN Adopted by the Council 19— Yeas Nays �T �, Q 1969 Carlson Dalglish proved 19—_ Meredith �n Favor , Peterson Sprafka � Mayor Tedeaco A gainst Pue�is��� �p� 1 195� Mr. President, Byrne O ` . t � . � • . �:i o . � � . � ` ` �b.- . ��� ,�. ��� CONTRACT PART I --- AGREEMENT THIS AGREEMENT, entered into as of this 27th day of March, 1967 by ` and between the City of Saint Paul, Minnesota, (hereinafter referred to as the "Local Public Agemcy") and Data Processing Department, County of Ramsey, State of Minnesota (hereinafter referred to as the "Contractor") WITNESSETH: WHEREAS the Local Public Agenc}� has, under date of July 15, 1965, entered into a contract for Community Renewal Program Grant with the United States of America providing for financial aid to the Local Public Agency under Title I of the Housing Act of 1949, as amended to date; and WHEREAS, pursuant to such Contract, the Local Public Agency is undertaking certain activities necessary for the preparation of a Community Renewal Program; and WHEREAS the Local Public Agency desires to engage the Contractor to render certain technical advice and assistance in connection with such undertakings of the Local Public Agency: NOW, THEREFORE, the parties do mutually agree as follows: 1. Scope of Services. The Contractor shall perform all the necessary c� -�rii+cc nrn��irlorl ttnrlar thiC C'.nntrart in rnnrl?CtlOt1 F?]..��'1 aLl� Y'PSnP(:r1T1.� 1"�'1P -' - -- -- c-- ' - - . . _ . . following: Electronic Data Processing of Building Permit Data (See attached copy of Building Department Data Work Program) and shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the following: a. Keypunching 8,250 cards b. Verify punching 8,250 carcls c. Compute with auxiliary Reader and Punch d. Sorting e. Provide cards f. Program and a copy of final program g. Produce 8,250 cards with input and computation information h. Produce 2 print-outs of computation information The Local Public Agency shall furnish the following data and information to the Contractor: A copy of the 1965 Building Department coding sheets 2. Time of Performance. The services of the Contractor are to commence on March 1, 1967, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of the Contract; but in any event all of the services required hereunder shall be completed within thirty (30) consecutive calendar days from the date of this contract. Page 1 of 3 pages .; ' 3. Compensation $839.17 4. Method of Payment a. The Local Public Agency will pay to the Contractor the amount of $839.17 which shall constitute full and complete compensation for the Contractor's services hereunder, Such sum will be paid in the following manner, in every case subject to receipt of a requisition for payment from the Contractor � specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount requisitioned under the terms of the Contract: $839.17 when the services covered by Section 1 have been satisfactorily completed, as required hereunder, and as determined by the Local Public Agency. b. It is expressly understood and agreed that in no event will the total complesation and reimbursement, if any, to be paid hereunder exceed the maximum sum of $ 839.17 for all of the services required. 5. Terms and Conditions This agreement is subject to and i::corporates the provisions attached hereto as Part II -- Terms and Conditions (Form H-621B, rlatn� R-h�l _ 6. Other Provisions None 7. Non-Federal Labor Standards Provisions Not applicable 8. Prevailing Salaries Not applicable Page 2 of 3 pages . , , . . ., 9. Certifications Not applicable IN WITNESS WHEREOF, the Local Public Agency and the Contractor have executed this agreement as of the date first above written. CITY OF SAINT PAUL, MINNESOTA By � Mayor � - ����� Cit Clerk For Approved: Countersigned this day of � , 1969 (� -_ � � J� , �� � _{� �. Asst. Corporation Counsel� City Comptroller � Approved as to form and execution (Local Public Agency) Asst. Corporation Counsel �,�+���Y�"'°/ �^. � `'� in Presence of: RAMSEY COUNTY DATA ; ` . / '.` % / �---�' L-` � � ` ' i� �� � by � l�c' - "�z'�.-'t,�'`� COl1KTY .r "?:.`i;SEY � " �, t3o�rci at Cc�. _y Co��,�.., , . �, t'jr'.'�r. . t. :. .. I A1.��ST; irc� � =j�. , �is .��� �--�---� � ' �'.—�� ,L�//�'��/� � �y ,���r y_� r _ __ . _r...�__....,..a--� � GNic� Uzi�UIY. /" � � � � � � � � OCT 2 Cl 1969 BY BUA�p aF caur�rv cor,�nn�ss�oN��s Page 3 of 3 pages � ' ' '°' � ' ' Part II- - TF.Rt�tS AND CONDI'fIONS . • �- .�� 1. Terniination of Contract for Cause. If, throu�h any cause, the Contractor shall Fail to fulfill in timely ar.d proper manner his obligations unfler this Contract, or if theContractor stlall violate any of the covenants, agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the right to terminate this Contract by giving written notice to ttie Contractor of such termination and specifying the effective date thereof, at least five days before the effective d�te of such terminatfon. In such event, all finished or unfinished documents, data, studies, and reports prepared by the ContrACtor � under this Contract shall, at the option of the Local Public Agency, become its � property and the Contractor shall be entitled to receive just an3 equitable f compensation for any satisfactory work completed on such documents. � ; Notwithstanding the above, the Contractor shall not be relieved of liability ' to the Local Public Agency for dar�ages sustained by the Local Public Agency by � virtue of any breach of the Contract by the Contractor, and the Local Public Agency may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency ; from the Contractor is determined. ? 2. Termination for Convenience of Local Public pgency. The Local Public � Agency may terminate this Contract any time by a notice in writing from the , Local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency as provided herein, the Contractor will be pAid an amount ti which bears the same ratio to the total compensation as the services actually performeci bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less , � L_ • ,... ,.,,,,�,.o.� h., rhi� Cc,ntract have been performed than Six[y per c;e��� u1 �<<G ����"1=`� ��•�_ - -, � ,.^^a upon the effective date of such termination, the Contractor shall be ;'ei<i��ul��.. (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under �this Contract) 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 Contractor, Section 1 hereof relative to ' termination shall apply. 3, Chan�es. The Local Public 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 mutuaily agree3�upcn �y anu between the Local Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. � � � � � � . i . � ____------- • ' ' � • � 4. Personnel. a. The Contractor represents that he has, or will secure �,•, , at his o4m expense, all personnel required in performing the services under this Contract. S�ich personnel shall not be employees of or have any contractual " relationship with the Local Public Agency. b. All the services required hereunder will be performed by the Contractor � or under his supervision and all. personnel" engaged in the work shall be fully ; qualified and shall be authorized or permitted under State and local law to • perform such services. c. No person who i.s servin� sentence in a penal or correctional institution � shall be employed on work under this Contract. 5. Anti-Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under_ this Contract shall be paid , unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or . permitted by the applicable regulations issued by the Secretary of Labor pursu�nt �to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 1S U.S.C. , section 874;' and title 40 U.S.C. , section 276c) . The � . , Contractor shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract : to insure c anpliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors there- under except as the Secretary of Labor may specifically provide for variations ' of or exceptions fr an the requirements thereof. 6. Withholding of Salaries. If, in the performance of this Contract, there ' is any underpayment of. salaries by the Contractor or by any subcontractor there- � under the Local Public �gency shall withhold from the Contractor out of payments �u� `� ��;; �.. 4...�•�;;` �,,��f;�;Anr- r� nay t� employees underpaid the differei►ce ' between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Local Public Agency for. and on account of the Contractor or subcontractor to the respective employeas to whom they are due. 7. Claims and Disputes Pertainino to Salarv Rates. Claims and disputes ; pertaining to salary rates or to classifications of architects, draftsmen, . � � technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the Local Public Agency for the latter�s decision which shall be final with respect thereto. $, Equal .mplol�nent Opportunity. During the performance of this Contrsct, the Contr�ctor agrees as follows: � a. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affinnative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action • shall include, but not be limited to ehe following: employment, . upgrading, demotion, or transfer; recruitment or recruitment advertising; �:. lay-off or termination; rates of pay or other forms of compensation; and `. ' � selection for training, including apprenticeship. The Contractor agrees ' '� � to post in conspicuous places, available to employees and applicants for employment, notices to be provided by ttie Locul Publi.c Agency setting forth the provisions of this nondiscrimination clause. b, The Contractor will, in all solici.tations or advertisements for employees ' placed by or on behalf of the Contractor, state tllat all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this �ontract so that such provisions will be binding upon each subcontractor, provided that the foregoing . provis�ions shall not apply to contracts or :subcontracts for standard commercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance with Local La�as. The Contractor shall comply with all applicable la�as, ordinances, and codes of the State and local gover�nents, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontractin�, None of the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Agency. mt_ ..__��,._�_,_ L,, , L_ _ t.., ,-- - ,_, , T , ,�, • . � ,_ i��C �,uii�Lai.�Vi Jllall vc So tuiiy LC�YGllS1U1C i:�i itlC t,i�Ccil iltu�.iG tf�Cili,j% i01 �i�c acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor .standards provisions of this Contract. 12. AssiQnability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by ass�ignment or novation) without the prior written approval of the Local Public Agency: Provided, however, that claims for money due or to become due the Contractor _ £rom the Local Public Agency under this Contract may be assigned to a bank, trust company, or other financial institution, or *_o a Trustee in Bankruptcy, • without such approval. Notice of ar.y such assignment or transfer shall be � furnished promptly to the Local Public Agency. i 13. Interest of Members of Local Public A�ency, No member of the governing body of the locality in which the Prqject Area is situated, and no other public ; official of such locality, who exercises any functions or responsibilities in connection � with the carrying out of the Project to which this Contract pertains, shall have i any personal interest, direct or indirect, in this Contract. • _ ; 14. Interest of Other Local Ptiblic Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public ' official of such locality, who exercises any functions or responsibilities in , the review or approval of the carXying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. - _ . . . -4- . . • � t. � � � • , ; . .!h . . � 15. Interest of Certain Federal Officials, No member of or Delegate to the Congress of ttie United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrorn. • 16. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above-described Project Area or any parcels therein or any other interest which � would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performAnce of this Contract no person having any such interest shall be employed. 17. Findin�s Confidential. All of the reports, information, data, etc. , - prepared or assembled by the Contractor under this Contract are confidentiAl and the Contractor agrees that they shall not be made available to any individu.al or organization without the prior �aritten approval of the Local Public Agency. � . . ._. _. ----- _ . �. __._ .._-- - ' . _._.. . _ --- -- -------- - - - - - ____ _ -----'— ---. ----- � _., _ _ �.r- qUADRUPLICATB TO D6PARTM6NT 24�11�� . CITY OF ST. PAUL FCOE NCIL N�,. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF �F,SC�LVF.�, t�at th� prape�r City o#ficia�s are hereby suthvsi�ed and +dir�a�+rd to dater inLo +�►a �eeitar�t be��reen the City ai �a#at Pt�cl and the I�tts 3'race�tsia�; D�par�aEant, County ai �see�, ior tl�� p�s�poso oi providf� eertsin data prc►eesri� serricses t� ttie Gity �la►n�►�n� Hoard, a Qopy ot �ich sir��s�at i� i►�r�unt�r attaohed �rnd s�de a part tieraot by reier�nee. t�CCT 3 0 1969 COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson � �CT � � 1�s9 Dalgliah Approved 19—_ Meredith �tt Favor Peterson Spra.fka � Mayor A gainst Tedesco Mr. President, Byrne �O