231043l+SX�L TO CITY CLERK 231 043
CITY OF ST. PAUL FILE NO NO.
OFFICE OF THE CITY CLERK
COUNCI RE LUTION — GENERAL FORM
PRESENTED BY
DATE
04 1
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RESOLVED, That the proper City ,officers are hereby authorized
and directed to execute on behalf of the City of Saint Paul an
Agreement, copy of which is attached hereto and made a part hereof
by reference,,between the City of Saint Paul and Group Designers,
a partnership, of Minneapolis, Minnesota, to render certain technical
advice and assistance in connection with theiCity's Contract for
Community Renewal Program Grant.
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} DEC 21966
COUNCILMEN Adopted by the Council 19.—
Yeas Nays
DEC 219
Dalglish / ,,,Approved 19—
Holland 5
In Favor A4 AA'AA A
Peterson Mayor
Tedesco Against
Mr. President, Byrne
PUBLISHED DEC 10 19%
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DUrLIGilTE TO PRINTER � O J�
CITY OF ST. PAUL COUNCIL NO. MMM rlJ"'` 3
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
RESOLVED, That the proper City officers are hereby authorized
and directed to execute on behalf of the City of Saint Paul an
Agreement, copy of which is attached hereto and made a part hereof
by reference, between the City of Saint Paul and Group Designers,
a partnership, of Minneapolis, Minnesota, to render certain technical
advice and assistance in connection with t41ty's Contract for
Community Renewal Program Grant.
DEC 21966
COUNCILMEN Adopted by the Council 19._
Yeas Nays
capison DEC 2 1960
Dalglish Approved I9—
Holland
-In Favor
Peterson Mayor
Tedesco -- Against
Mr. President, Byrne
X22
CONTRACT'
PART I -- AGREEMENT
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THIS AGREEMENT, entered into as of this 18th day of November 1966, by and
between the Citytof Saint Paul, Minnesota, (hereinafter referred to as the
"Local Public Agency "), and Group Designers, a partnership located at 3109 East
42 Street, Minneapolis 7, Minnesota (hereinafter referred to as the "Contractor'),_
WITNESSETH:
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WHEREAS the Local Public Agency 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
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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 hereto do mutually agree as follows:
1. Scope of Services, The Contractor shall perform all the necessary
services provided'under this Contract in connection with producing finished art
work and printing;of a report entitled "The Character of the City "; and shall
do, perform, and carry out, in a satisfactory and proper manner, as determined
by the Local Public Agency, the following:
I. Layout and produce all report maps, text, tables, and cover so that
the entire report is camera ready for the making of printing plates.
More specifically, the following shall be performed by the Contractor:
A. Provide a mock -up of the finished report showing design and
layout concepts and indicating approximate color and tone
relationships for approval of the Local Public Agency,
B. Provide all the necessary materials for and produce the follow -
ing;maps complete with legends, titles and other required
information:
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i.;�On dimensionally stable material, at a scale of 1" a 2,000',
fi-approximately 26 maps sufficient to produce two color maps,
ii, !'On dimensionally stable material, at a scale of 1" - 2,000',
' iapproximately 11 maps sufficient to produce three color maps.
iii.{ Design and produce approximately one table and approximately
`five graphs,
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iv, i Design and produce a three -color cover.
Page 1 of 4 pages
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v. Typeset and layout all text, camera ready for printing.
II. The Contractor shall have printed the entire report including all
maps, text, tables and -cover according to the following specifications:
(a) -1,000 copies of the report shall be printed in accordance with
mock -up of the finished report in "A" above, and all texts,
and tables shall be so arranged that they are in the approximate
position and relationship as indicated in the mock -up. The report .'
shall include all of the following:
i. Approximately 26 maps at 8k" x 11" in two
' colors. The originals for these maps will
be at a scale of 1" = 5000'.
ii, Approximately 11 maps at 1" x 17" in-three colors.
f The originals for these maps will be at a scale of
1" = 2000'.
1 iii. One cover at 8k" x 11" in 'three colors,
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iv, Approximately one table and approximately five
' graphs at 8k" x 11" in one or two colors,
1 v, Approximately 27 pages of text.
(b) All maps, text and tables shall be printed on 80 lb, Warrens
Petina ,text weight.
(c) The cover shall be printed on 80 lb. Strathmore Grandee Duplex
cover stock.
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(d) One thousand copies of entire report shall be collated and
finished with side stitch and a drawn -on cover.
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(e) All type in the report shall meet the approval'of the Planning
Board staff.
(f) Upon award of the contract, the work shall be completed in
accordance with all specifications set forth. The completed
report shall be delivered to the Planning Board by
December 29, 1966.
(g) Upon award of the contract, the Planning Board is relieved of
any financial responsibility in the event any of the finished pro-
duct is not acceptable to the Planning Board,
(h) The negatives are to become the property of the Planning Board
who reserve the right to use the negatives as it sees fit.
(i) Atlthe completion of the work, the printer shall turn over
all copies of the report, all art work, and all negatives
to'the Planning Board in a clean and undamaged condition. -
Page 2 of 4 pages
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(j) The printer shall furnish silver print proofs and color
keys to the Planning Board before printing the report
and shall allow not less than two working days for check-
ing by the Planning Board staff. These proofs shall include
all maps, test, tables and cover. -
The Local Public Agency shall furnish the following data and information
to the Contractor:
(a) The following maps to be used as base maps for producing
art work:
i. One mylar map
scale of 1" _
ii. One mylar map
i a scale of 1"
(b) Maps and overlay maps at a
1" = 6500' or data tabulat
i�. mapped for art work.
showing city blocks at a
2000'.
showing census tracts at
= 2000'.
scale of 1" = 2000" and
ions showing data to be
(c) A list indicating titles, legends and any other information
'I which must be drawn or printed on each map.
(d) All data for tables.
(d) A copy of all the text.
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2. Time of Performance. The services of the Contractor are to commence
on the signing of this contract, and shall be undertaken and completed in such
sequence as to assure their expeditious completion in the light of the purposes
of this Contract;{ but in any event all of the services required hereunder shall
be completed by December 29, 1966.
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3. Compensation.
(a)
The Local Public Agency shall pay the Contractor the amount of $3,910,00
for all services,iperformed under Section 1; provided, however, that for each map
produced under 1'(B) (i) over a total of 26 maps, the Local Public Agency shall
pay the contractor an additional amount of $16.15 and for each map produced under
1 (B) (i) under a, total of 26 maps, the Local Public Agency shall subtract an
amount of $16.15'from the total' compensation above. Further provided, that for
each map produced under 1 (B) (ii) over a total of 11 maps, the Local Public Agency
shall pay the Contractor an additional amount of $70.00 and for each map produced
under 1 (b) (ii) under a total of 11 maps, the Local Public Agency shall subtract
an amount of $70.00 from the total compensation above.
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(b)
In the event that the Local Public Agency shall desire to have supplied
loose copies of maps and graphs at the time of printing the above mentioned report,
the Contractor shall supply 8k" x 11" maps at $12.00 per hundred and 11" x 17"
maps at $13.00 per hundred. Each map shall be free of page numbers and die cuts.
(c)
It is expressly understood and agreed that in no event will the total
compensation and reimbursement, if any, to be paid hereunder exceed the maximum
sum of $5,000.00'for all of the services required.
Page 3 of 4 pages
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4. Method of Payment. The Local Public Agency will pay to the Contractor
an amount which shall constitute full and complete compensation for the Con-
tractor's services hereunder. Such sum will be paid when the services covered
by Section 1 have been satisfactorily completed, as required hereunder, and as
determined by the Local Public Agency, 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.
5. Terms and Conditions. This agreement is subject to and incorporates
the provisions attached hereto as Part II- -Terms and Conditions (Form H -621B,
dated 8 -63).
6. Other provisions. None
7. Non - Federal Labor Standards Provisions. Not required.
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8. Prevailing Salaries. Not required.
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94 Certifications. Not required.
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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
j By
} Mayor
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Asst. Corporation'Cou�el
Approved as to form and execution
this day' of 1966.
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In presence of:
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City Clerk
Countersigned this day of
1966.
City Comptroller
(Local Public Agency)
GROUP DESIGNERS
By
Page 4 of 4 pages.
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November 18, 1966 $-6218
f (8 -63)
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CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
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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 his obligations under'this
Contract, or if the Contractor shall 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 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 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 and equitable
compensation for any satisfactory work completed on such documents.
Notwithstanding the above, the Contractor shalllnot be relieved of liability"
to the Local Public Agency for damages 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 Agency. 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 '
which bears the same ratio to the total compensation las the services actually
performed bear toithe total services of the Contractor covered by this Contract,
less payments of compensation previously made: Provided, however, that if less "
than sixty per cent of the services covered by this Contract have been performed _
upon the effective date of such termination, the Contractor shall be reimbursed
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 du "ringithe 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.
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3. Changes:i The Local Public Agency may, fromltime 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 Local Public
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Agency,and the Contractor, shall be incorporated in written amendments to this C
Contract.
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4. Personnel. a. The Contractor 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 Local Public Agency.
b. All the services required hereunder will be performed by the Contractor
or under his supervision and all personnel engaged in thelwork shall be frilly -
qualified and shall be authorized or permitted under State and local law to
perform such services.4
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c. No person who is serving sentence in a penal or correctional institution
shall be employed on work under this Contract.
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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 pursuant.
to the "Anti- Kickback Act" of .Tune 13, 1934 (48 Stat. 948;162 Stat. 740; 63 Stat.
108; title 18 U.S.C.);section 874; and title 40 U.S.C., section 276c). The
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Contractor shall comply with all applicable "Anti- Kickback" regulations and shall
insert appropriate provisions in all subcontracts covering work under this Contract'-
to insure compliance 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 exemptions from 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 an d► subcontractor there-
under, the Local Public Agency shall withhold from the Contractor out of payments
due to him an amount sufficient to pay to employees underpaid the difference
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 accountlof the Contractor or,,'*
subcontractor to the respective employees to whom they are due.
7. Claims and Disputes Pertaining to Salary 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 decisi I on which shall be final with respect thereto.
8. Equal Employment Opportunity the Contractor agrees a follows: During the performance of this Contract,
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a. The Contractors will not discriminate against any employee or applicant
for employment because of race, creed, color, or- national origin. The
Contractor will take affirmative 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, the following: employment.,
upgrading, demotion, or transfer: recruitment or recruitment advertisin
layoff or termination; rates of pay or other forms of compensation; and 't a
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selection for training, including apprenticeship. The Contractor agreed
to post in',conspicuous places, available to employees and applicants for _
employment; notices to be provided by the Local Public Agency setting'
forth the provisions of this nondiscrimination clause.
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b. 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, 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 Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing•
provisions'shall not apply to contracts or subcontracts for standard
commercial, supplies or raw materials.
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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 Laws. The Contractor shall comply with all
applicable laws, ordinances, and codes of the State and local governments, and
shall commit no trespass on any public or private property in performing any of
the work embraced by;this Contract.
11. Subcontracting. None of the services covered by this Contract shall
be subcontracted without the prior written consent of the Local Public Agency.
The Contractor shallibe as fully responsible to the Local Public Agency for the
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. i1:• 1.
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12.. Assignability. The Contractor shall not assign any interest in this '
Contract, and shall not transfer any interest in the same (whether by assignment
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
from the Local Public Agency under this Contract may be assigned to a bank,
trust company, or other financial institution, or to a Trustee in Bankruptcy,
without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the Local Public Agency.
13. Interest of Members of Local Public Agency. No member of the governing
body of the Local Public Agency, and no other officer, employee, or agent of the
Local Public Agency who exercises any functions or responsibilities in connection
with the carrying out of the Project to which this Contract pertains, shall have
any personal interest, direct or indirect, in this Contract.
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14. Interest of Other Local Public Officials. No member of the governing
body of the locality',in which the Project Area is situated, and no other public C
official of such locality, who exercises any functions or responsibilities in j
the review or approval of the carrying out of the Project to which this Contract +
pertains, shall have any personal interest, direct or indirect, in this Contract. I
15• Interest of Certain Federal Officials. No member of or Delegate to
the Congress of the United States, and no Resident Commissioner, shall be -
admitted to any share or part of this Contract or to any benefit to arise herefrom.
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. Findings 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
individual or organization without the prior written approval of the-Local
Public Agency.
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