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D2920 White — city clerk CITY OF SAINT PAUL Pink — Finance Dert. Canary— Dept. OFFICE OF THE MAYOR 2 ADMINISTRATIVE ORDER No: Date: JUL 2 9 1978 ADMINISTRATIVE ORDER, That the proper City offiders are authorized to execute Subgrant Agreement with Hallie Q. Brown Community Center, Incorporated, providing Community Development Block Grant Funds, Year II, in the amount of $50,000. 00 for the term commencing "Der�, 31, li7(, July 1, 1976 and terminating r -1*W, to be charged to Fund No. .3 0167y-� • APPROVED FOR FUNDING: Roger A. Mattson, Dir Dept. of Finance & Management Services APPROVED AS TO FOT f 777 1 a` 2 CAssi nt it ttorn William Q. Patton Department Head Community Development Coordinator Date /7 � f IALZO"low ovrr-wyo� Administrative Assistant to Mayor • AGREEMENT THIS AGREEMENT, Entered into this day of 19 , by and between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter designated "City" , and HALLIE Q. BROWN COMMUNITY _ CENTER, . INCORPORATEDp . hereinafter designated as "Subgrantee", WITNESSETH: WHEREAS, In compliance with the Federal Housing and Community Development ]pct. of 1974 (Public Law 93-383) and Rules and Regulations ad.opted pursuant thereto, the City has duly made application to the U. S. Department of Housing and • Urban Development for Community Development Block Grant Program; and WHEREAS, The City has been awarded a grant for Community Development Year I.I for the purpose of carrying on the program approved by the City Council and submitted to the .U. S. Depart ment of Housing and Urban Development; and WHEREAS, The City and Subgrantee desire to enter into this Agreement for the purpose of setting forth their respective responsibilities in .carrying out to a successful conclusion the City' s approved Community Development Grant Program in accordance with all applicable Federal, State and local laws; r • NOWT TTH UTORE, THE CITY AND SUBGRANTEE DO HEREBY MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement: This Agreement and activities authorized hereunder shall take effect and be in force from and after the 1st day of July, 1976, and shall be in force and effect through the 30th day of June, 1977. 2, Scope of Service: The Subgrantee shall perform all those activities set forth in the attached Exhibit A relating to the project Hallie Q. Brown Senior Citizens Program, and shall be undertaken by the Subgrantee in accordance with the provisions contained in the City's Federally--approved Community Development Grant Program. In carrying out its activities • under this Agreement, the Subgrantee shall report periodically to the City's Community Development Coordinator an the status of the programs. 3. Fund ia All funds required for those programs undertaken by the Subgrantee shall be provided by the City with funds derived from its Federally-approved Community Development Program Grant. The Subgrantee shall be entitled to receive reimbursement of funds on a monthly basis in accordance with such regulations and procedures as may be imposed from time to time by the City' s Department of Finance and Management Services. The Subgrantee shall submit itemized • 2. statements in such detail as may be required by the City to comply with all Federal, State and local requirements_ All requests for funds shall conform to the items contained in the Budget attached to this agreement, marked Exhibit A_ Flexibility in Budget: Agency shall make expenditures according to the line items as set forth in the attached Budget. All proposed amendments to the Budget must be nub- mitted to the City for review_ (a) Agency may amend the Budget line items without City' s written approval under the following circumstances: i) The revision of a line item does not constitute a substantial change in program objectives; and ii) The revision of a line item, including transfer • to and from another line item, does not consti- tute a change of more than 10% of either line item or 5% of the total Budget. (b) Agency may amend the Budget as .follows only upon the prior written approval of the Community Development Coordinator: i) The revision does not constitute a substantial change in program objectives.. ii) The revision of a line item, including transfer to and from another line item, constitutes a change of more than 10% of either line item or more than 50 of the total Budget. (c) The following amendments 'require a Contract aiuencl- sent and written approval of the Saint Paul City Council: i) The proposed revision constitutes a substantial change in the program objectives, the scope of • 3. services set forth in this Agreement and/or the work program; or ii} Any change which would cause the total amount of the Budget to be exceeded. 4. Independent Contractor: For the purpose of this Agreement, the Subgrantee shall be deemed to be an independent contractc-, and not an employee of the City_ Any and all employees of the Subgrantee or other persons, other than City employees, while engaged in the performance of any work or services required by Subgrantee under this Agreement, shall not be considered employees of the City; and any and all claims that may or might arise under the Work"men`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 obligations and benefits, and a y and all claims made by any third party as a consequence of any act or omission on the part of the Sub- grantee, the employee or other persons while so engaged an any of the work or services to be rendered, shall in no way be the obligation or responsibility of the City. The Subgrantee shall pay as they become due all just claims for work, tools, machinery, skill, materials, insurance premiums, equipment and supplies, personnel and all other contractual obligations entered into pursuant to and in the performance of this Agree- m-,nt. 5.. Non-Discrimination: The Subgrantee shall be deemed 4. r • a contractor for the application of all provisions hereof and ordinances and other laws against unlawful discrimination on account of race, creed, sex, age, disability, sexual preference, or color. This Agreement is subject to Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and the rules and regulations issued pursuant thereto, and the Subgrantee shall comply with Executive Order No. 11246, entitled "Equal Employment Oppor- tunity" , as supplemented .in Department of Labor Regulations (4 CFR, Part 60) _ The Subgrantee agrees to comply.-with all the terms and conditions set forth in Chapter 238, Laws of Minnesota for 1941. The Subgrantee further agrees to comply with all the terns and conditions of Chapter 74 of the Saint Paul Legislative Code pertaining to non-di crimination and, specifically Section 74. 03A thereof pertaining to affirmative action. The provisions of Chapter 74 are hereby incorporated herein by reference_ 6. Regular Reporting: The Subgrantee shall submit to the City' s Community Development Coordinator on a quarterly basis a full account of the status of the work outlined in the work program. This stag repmort shall record the activities of the previous quarter, as well as the cumulative work and activities performed, and shall be submitted using such format as the Community Development Coordinator may prescribe. 7. Other Requirements: The Subgrantee shall comply with • all requirements imposed upon the City pursuant to the "Housing 5. and Co_*tmunity Development Act of 1974" (P.L. 93-383) ,and Rules • and Regulations adopted, and as may be amended from time to time, pursuant to. said Act by the Department of Housing and Urban Development (copy of which Rules and Regulations, effec-tive November 13, 1974, is attached hereto, marked Exhibit B, and incorporated herein by reference) . The following Regu- lations shall specifically govern the activities of the Sub- grantee as the same may be applicable: (a) Section .570.200 - ' "Eligible Activities_" (b) Section 570.201 - "3neligi.ble Activities_" (c) Section 570.506 - "Program Income_" All program income earned by the Subgrantee shall not be retained by the Subgrantee, •but. shall be remitted to the City_ The • City reserves the option of adding such Program Income to Community Development Programs in accordance with the authority contained in Section 570.. 506. - (d) Section 570.509 - "Audit. " (e) Section 570.510 "Retention of Records. " (f) Section 570.601 - "Nondiscrimination_" (g) Section 570.602 <- "Relocation and Acquisition.. " (h) Section :570_604 " H .storic Preservation.„ W Section 570.605 - "Labor Standards" which makes applicable the Davis-Bacon Act to all laborers and nechan ics employed by contractors or subcontractors on construc- tion wor;� assisted with funds received from the Housing and Community Development Act of 1974. • (j ) Section 570. 608 - "Hatch Act. " 8. Termination or Reduction of Payments: The Secretary of the U. S. Department of Housing and Urban Development is empowered by Section 111, Title I, P.L_ 93-383, to terminate or reduce payments to the City, or to limi.t .availability of , payments to the City should the Secretary find, after reasonable notice and opportunity for hearing, that the City has failed to comply substantially with any provision of Title I of the Act. The City agrees not to do anything which will cause the Secretary to take such action, and the Subgrantee shall be notified of any proposed action by the Secretary, and the Subgrantee shall be given opportunity to be represented at all such hearings. The City' s obligation to provide funds to the Subgrantee. i.s deemed dependent upon the City's receiving fund- ing from the Secretary,. and all obligations of - the City here- under shall either terminate or be reduced or limited in the.. event the Secretary should take such .action as authorized by said Section 111. The City reserves the right to suspend or terminate this Agreement in the event the Subgrantee. is determined by the City to not be in compliance Nvith the terms and conditions of this Agreement, or in the event the Subgrantee fails to perform, the activities set forth in the program description contained In the attached Exhibit A. • 7. 9, Indemnification: The Subgrantee shall indemnify, save harmless, protect and defend the City, its officers, employees or agents, from all suits, actions or claims of any character brought for or on account of any person alleging damages or - injury to person or property and arising out of any act or r? omission on the part of the Subgrantee, its officers, agents or employees in carrying out the terms of this Agreement. IN WITNESS WHEREOF, The parties have caused this Agreement to be executed the day and year first above written. Approved as to Form: CITY OF SAINT PAUL By Assi ty (�ttorney Mayor Director, Department of Finance and Management Services HALLIE Q. BROWN COMMUNITY CENTER, INCORPORATED : x By Its By Its 8.