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89-977 WMITE - C�TV CIERK PINK - FINANCE C flCll CANARY - DEPARTMENT G I TY OF A NT PAUL BIUE - MAVOR F• NO. ��� Council solution �����, Presented By �.____ Referred To Committee: D e Out of Committee By D e RESOLVED, That the proper City officials are er by authorized and irected to execute an agreement with the Department of Correctio s, State of Minnesota - Oak Park Heights Correctional Facility - for the continuation f he lending library relationship with the Division of Libraries, City of Saint Paul s bject to the terms nd conditions of said agreement, a copy of which is to be kept on file and of record in the Department of Finance and Management Services. COUNCIL MEMBERS Yeas Nays Requested by Departmen of: rnmooa ty S s - L r i e s� �� � [n Favor Goswitz Rettman � Scheibel A gai n s t BY Sonnen Wilson Adopted hy Council: Date �� _ j � Form A rove by to Certified Pass b ounc'1 Se ta B � / $y �`� � A►pproved by vor. at ��_� '�.�_ APP � by Mayor for S mi n Co By ppgltSl� JUN 101989 \ I��t—L7�1 DEPARTMENT/OFFlCE/COUNGiL DATE INITIATED i � ��� Community Services-�ibraries 5/8/8 GREEN SHEE No. INITIAU DA INITIAUDATE COMTACT PERSON d PHONE ARTMENT DIRECTOR �CITY COUNdI Gerdld W. Steenberg 292-6211 �� qnppNEY CITYCLEtiK MUST 8E ON COUNqL A4ENDA BY(DATE� ROUTNiO DfiET DIRECTOR FlN.8 MOT.SERVICE3 DIR. Y R ASSI8T �� S�en�p � TOTAL A�OF 81GNATURE PAQES � (CLIP ALL L A « �' � �%�� 6@ . �c'noN REOU�o: ,n AnC� Approval of contract MAY 1 � 1989 � CI REOOMMENDAT�N3:Approve(ly or Reject(R) (�J� SEp _PLANNINO COMMISStON _CIVIL 8ERVICE COMM13810N """�Y� P"°"E"°. REGE(1/Ep _qB COMMIITEE — _STAFF _ �"'""E"�: P�AY 0 81989 -°���`��`� - 1989 8UPPORTS WHICH OOUNqL OBJECTIVE9 AY 19 comm�tar sen,;ces INI'MT1N0 PROBLEM,18SUE,OPPORTUNITY(Who,Whet,WMn,Whsre,Why): s�p E Continuation of the Interlibrary Loan Prog am �e�d�dFb�y�the Sa ' t Paul Public Library for the State of Minnesota, Department of or ections, Oak Park ights Corr�r,�'onal Facility for two fiscal years, effective J ly 1 , 1989, to June 3 , 1991 . <<%EIVEp MAY 1 `' �9g9 OF�, Np p�'RTMEIyT���RECTp n�vaarnoes iF nPP�veo: MENT SEIQV1Cf No additional costs or personnel for the 1 br ry system. �ES Benefits (receipts) of $1.50 per title or ub ect search and 3. per title or search request filled. [��� ��/��� REC�[YED MAY 9 1989 rqAY 1�? 1989 4� f DISADVANTAQES IF APPROVED: C� None , D18AOVANTAOEB IF NOT APPROVED: Poorer access to information for inmates an s aff at Oak Park He ' hts Correctional Facilit . �c� �cii Research Center MAY 2�1989 $900 FY 1990 TOTAL AMOUNT OF TRANSACTION = 1 �$���nn�n�� T/REVENUE BUDQETED(CIRCL ONE) YES NO FUNDINd 80URCE Stdt2 of Minnesota A IVITY NUMBER 33430 ' FlNANCIAL INFORMATtON:(EXPWN) �'� STATE OF INNESOTA �j��j' �y f C/� O ! --��! CONTRACTUAL (n -st te em lo ee) SERVICII S P Y � � � ITrn.No. FY Account I.D. Dept./Div. Sequenc No. Suffix Objeci ndor Type ount FY90 900.00 �40 p 043455 78630 0900 O1 167 073 I 0 000 V FY91 900.00 Purchase Terms Asset No. C.CD. 1 C.CD. 2 .CD 3 Cost C e 4 Cost Code 5 Date Number Entered By Type of Transaction � A 40 � A 41 O a� ��� /�� I �m c� Date Number • .- .. Entered By � A 44 ❑ A 45 � A 46 NOTICE TO CONTRACTOR: You are required by Minnesota S tut s, 1981 Supplement, Secti I 270.66 to provide your social security number or Minnesota tax identification number if you do busi ess ith the State of Minneso� . This information may be used in the enforcement of federal and state tax laws. Supplying these nu ber could result in action to � quire you to file state tax retums and pay delinquent state tax liabilities. This contract will not be app ove unless these numbers are ovided. These numbers will be available to federal and state tax authorities and state personnel involved th payment of state obligati s. , TNIS CONTRACT, which sha�l be interpreted pursuant to the aws of the State of Minnesotaa between the State of Minnesota, acting through its D � - � � � - (hereinafter STATE) and St. Paul Publ ic Librar - nt r Librar Loan De rtment address 0 est 4th Street St. Paul Minnesota 55102 Soc.Sec,or MN Tax I.D. No. 2��000000 Fe era Employer I.D.No. (if appli ble) 41-6005521 W � (hereinafter CONTRACTORI,witnesseth that: I WHEREAS,the STATE,pursuant to Minnesota Statutes 1988 Se t1011 �5.06� isempoweredto enter into a reement with ublic an rivate a encies r s ecial treatment of ersons sub 'ect to the Commissioner of Corr ctions ,and WHEREAS, the Commissioner of the De artment f orrections is auth ized b law to rovide for the securit , trainin and treatment of e ons ,and WHEREAS,CONTRACTOR represents that it is duly qualified and illi g to perform the services s forih herein, NOW,THEREFORE,it is agreed: I. CONTRACTOR'S DUTIES (Attach additional page if necessa ). ONTRACTOR, who is not state employee, shall: • Lend library materials via inter-library 1 an procedures to the innesota Correctional Facility Library at Oak Park Heights. ii The compensation involved is for reimbursi g he expenses incurrld by the libraries � in searching and locating materials reques ed ; . . . . . � . . . . . � . tido� ��oM A�ua6y — uaa�� Ado� asuadsng Ao�i 6y — �/u!d luawl�edap uoile�lsiuiwpy — uow/es �ol�e�l o� — �tieue� �iun 6uiluno��y A�ua6y — an�g luawlaedad a�u �� — a3/yM .. ale0 _ a�1�1 alea _ II �7 II I (a�nieu6is pazi�oylne) Ag (a�n3guBis pez��oylne�alua� e�ue�qwn�u3) Ag �3�N`dNl� �O a3NOISSIWWO� 9Q �, i�1f�, �1N� l�`dd30 a0 J.�N3J`d 31`d1S � < f . I . �I . aieo I wni� III. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant to this contract shall be performed to th� sat- • ;isfaction of the STATE, as determined in the sole discretion of its authorized agent, and in accord with all applicable federal, state ;1 and local laws, ordinances, rules and regulations. CONTRACTOR shall not receive payment for work found by the STATE to be unsatisfactory,or performed in violation of federal,state or local law,ordinance,rule or regulation. � IV. TERM OF CONTRACT. This contract shall be effective on ��1Y 1 , 19 �9 , or upon such date as it�is executed as to encumbrance by the Commissioner of Finance, whichever occurs later, and shall remain in effect unYil �une �� ° , 19 91 , or until.all obligations set forth in this contract have been satisfactorilyfulfiited, . whichever occurs first. V. CANCELLATION. This contract may be cancelled by the STATE or CONTRACTOR at any time, with or without cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation CONTRACTOR shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. VI. STATE'S AUTHORIZED AGENT. The STATE'S authorized agent for the purposes of administration of this contract is !�ie ster, � - t � ucation �irector Such agent shall have final authority for acceptance of CONTRACTOR'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. VII. ASSIGNMENT. CONTRACTOR shall neither assign nor transfer any rights or obligations under this contract without the prior written consent of the STATE. - " � -, VIII. AMENDMENTS. Any amendments to this contract shall be in writing, and shall be executed by the same parties who executed � the original contract, or their successors in office. - IX. LIABtLITY. CONTRACTOR agrees to indemnify and save and hold the STATE, its agents and emptoyees harmless from any and all claims or causes of action arising from the performance of this contract by CONTRACTOR or CONTRACTOR'S agents or employees. This clause shall• not be construed to bar any�legal r�medies CONTRACTOR may have for.the STATE'S failure to fulfill its obligations pursuant to this contract. � ' � _ X. STATE AUDITS. The books, records, documents, and accounting procedures and practices of the CONTRACTOR relevant to 3his contract shall be subject to examination by the contracting department and the legislative auditor. - � XI. OWNERSHIP OF DOCUMENTS. Any reports, studies, photographs, negatives, or other documents prepared by CONTRACTOR in the performance of its obligations under this contract shall be the exclusive property of the STATE and all such materials shall 6e remitted to the STATE by CONTRACTOR upon completion, termination or cancellation of this contract. CONTRACTOR shall not use, willingly allow or cause to have.such-materials used for any purpose other than performance of CON.TRACTOR'S obli- gations under this coniract without the prior written consent of the STATE: XII. AFFIRMATIVE ACTION: (When applicable) CONTRACTOR �certifies that it.has received a.certificate of_compliance from t(�e . •. . Commissioner of Human Rights pursuant to Minnesota Statutes, 1981 Suppleme.nt, Section 363.073. -- XIII. WORKERS' COMPENSATION. In accorcJance with the provisions of Minnesota Statutes, 1981 Supplement, Section 176.182, the STATE affirms that CONTRACTOR has provided acceptable evidence of compliance with the workers' compensation.insurance coverage requirement of Minnesota Statutes, 1981 Supplement, Section 176.181, Subdivision 2. XIV. ANTITRUST. CONTRACTOR hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust.violations which arise .under ihe antitrust laws of the United States and the�antitrust laws of the State of Minnesota. � � XV. OTHER PROVIS�ONS. (Attach additional page if necessary): � ST;;Tt a�ree� to� ��y an �i ncr2ase i n ��ie amount:pef° searcr and per �-,i l l e�i �r.eq�est� : . � i� and �Nhe�� CC�i�Tn�i�T�Ji? d�curr�n�s �hai, tii�LS;� (;=�etro�,oli�tan Library Servic� ���nc�) � �re�i��urseme�it rate fias increased duriny con�ract period. C�tiTt�,�CTi?R rrust pr�vide 30 day writter� notic� to STATF AlJTF��Z1?Ei� A�E��;T be�Pore ir�plementing ne��� fee sc�e��le. IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: NOTE: Remove carbons before obtaining signatures. As to form and execution by the 1� CONTRACTOR: 03 ATTORNEY GENERAL• (If a corporation,two corporate officers must execute.) � BY BY Title Date Date 4Q ,GOMMISSIONER OF ADMINISTRATION: BY By (authorized signature) , ����� CONTRACTOR SIGNATURES: CITY OF SAINT PAUL CITY OF SAINT PAUL Approved as to Form: DIVISION OF LIBRAR S By: ` BY: Date: �/1-- �y Date: Assistant City Attorney DEPARTMENT OF COMM ITY SERVICES Y� ate: � EPARTMENT OF FINAN, E & MANAGEMENT SERVICES I y: ate: : � ��-��� OTHER P OV SIONS 1. NOTICE TO CONTRACTOR: You are requ re by Minnesota Stat es , 1981 Supplement, Section 270.66 to provide your soci 1 ecurity number or 'nnesota tax identi- fication number if you do business it the State of Minn ota. This information may be used in the enforcement of f de al and state tax 1 s. Supplying these numbers could result in actio t require you to fi state tax returns and pay delinquent state tax liabil ti s. This contract 'l1 not be a roved unless these numbers are provided. Th se numbers will be vailable to federal and state tax authorities and state pe sonnel involved in he payment of state obligations. Social Security MN Tax I.D. 21 000000 Federal Employer I .D. 41-6005521 2. Reimbursement for travel and subsis en e expenses indicat� in Clause II .A.2. shall be made in the same manner an i no greater amount han provided in the current "Commissioner's Plan' p omulgated by the C� missioner of Employee Relations. 3. AFFIRMATIVE ACTION. (When applicable) CONTRACTOR certifi s that it has received a certificate of complianc f m the Commissione� of Human Rights . pursuant to Minnesota Statutes, 1981 S pplement, Section 3.073. 4. WORKERS' COMPENSATION. In accordan e ith the provisions f Minnesota Sta�utes , 1981 Supplement, Section 176.182, t e ATE affirms that � NTRACTOR has provided acceptable evidence of com li ce with the worke ' compensation insurance coverage requiremen� of Minn ota Statutes , 1981 Supplement, Section 176.181 , Subdivision 2. 5. ANTITRUST. CONTRACTOR hereby assig s the State of Minn sota any and all claims for overcharges as to go s nd/or services pro� ided in connection with this contract resulting from an i ust violations �,vhi� h arise under the antitrust laws of the United Sta es and the antitrust aws of the State of Minnesota. 6. The state shall provide to the cont ct r such corrections and detention data, as defined by Minn. Stat. , Sec. 1 .85, subd. 1 , and ' s necessary for CONTRACTOR to provide for the care, us ody and treatment f offenders under supervision of CONTRACTOR or who are ca didates for superv sion by CONTRACTOR. Data so provided to the CONTRACTOR s al be administered b the CONTRACTOR consistent with the provisions of Mi n. Stat. Chapter 13. 7. "Status . The CO�TRACfiOR shall not b _ c nsidered a state e ployee, shail not be eligible for state � ife insur nc or basic health b nefit coverage and shall not accure vacation, sick �a e or any other ben fits other than those expressly provided for herein. ' I