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89-1779 WHITE - GTV CLERK �PINK - FINANCE G I Y OF SA I NT PAU L Council //�� CANARV - DEPARTMENT �„�/�� BLUE - MAYOR File NO• C uncil Resolution '��, � ,� Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the proper City o ficials are hereby authorized and directed to execute an agreement with the De artment of Education, State of Minnesota, for the continuation of the lending ibrary relationship with the Division of Libraries, City of Saint Paul , s bject to the terms and conditions of said agreement, a copy of which is to be kept on file and of record in the Department of Finance and Management Servic s. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond Communi Services �� [n Favor coswirz �1 Rettman �/ B ,�4 r �bQ1�� gainst Y s��. Wilson Ot,T —� �98� Form Ap by City A orney Adopted by Council: Date Certified Pa.s Council e ry BY � �� A By . Approv �Vlavor: Dat —� � pp b Mayor for Su ' s� o ouncil By _ BY �l)gl,t$!�D 0 C 14 1989 C,��-��' DEPARTMENT/OFFICE/COUNqL DATE INITIATED � �� Communit ervices - Librari s 9 1 GREEN SHEET No. wmw a►re INITIAL/DATE CONTACT PERSON 8 PHONE ' DEPARTMENT DIRECTOR �CITY COUNCII Gerald W. Steenber I �� CITYATTORNEY CITYCLERK NUMBER FOR MUST BE ON COUNCIL AQENDA BY(DATE) ROUiN�Ki BUDQET DIRECTOR FlN.3 MOT.BERVICEB DIR. 292-6211 i �AAAYOR cOR"�'$T Eia�an,C.e Ac TOTAL�Y OF SIGNATURE PAGE8 � (CLIP ALL LOCATIONS FOR SIONATUR� erd Steen erg Lib ari� ACTION REWES'TED: Approval of Council Resalution r the continuation of the State of Minnesota, Department of Education, interlibrary laan rogram provided by the Saint Paul Public Library to non-metropolitan area public li ary systems. RECOMMENDATIONS:Approve pq a Rsject(R) COUNCIL COMMITTEEJRESEARCN REPORT OPTIONAL _PLANNINO OOMMIS810N _CIVIL BERVICE COMMtSB ��Y3T PHONE NO. -CIB COMMITTEE _ _STAFF _ COMMENT3: � �,�y REC�1 rGV _DISTRICT COURT _ SUPPORTS WHICH WUNpL OBJECTIVE7 S�� 4 � 1��9 ��P � � 1989 INCMTINO PROBLEM,ISSUE,OPPORTUNITY(Who.What,Whsn. ,Wh�: r �.�n��•r�tV �pM�i(!AS End of state fiscal ear re uir ��T � ��`�� y q � g renewal of contract �I � I! RECEIVE� ADVANTA(�E8 IF APPROVED: This agreement provides the shar ng of information resour��o�� total funding of expenses and provides four (4 FTE's covered in Specia 'ds u ge� for 1989 (last half) and 1990 (first half). �SADVANTAOEB IF APPROVED: None � ��°°.�.:,°.�:; ��-8va,�c�� CEriter �LN 2� i::�� DISADVANTAQES IF NOT APPROVED: The Saint Paul Public Library wo ld not be able to provide this service to non-metropolitan libraries. TOTAL AMOUNT OF TRANSACTION = COST/REVENUE BUDOETED(CIRCLE ONE) YE8 NO �uNa�a sou� State of Mi nnesota Acr,�„n,NuMe�R 355-33430 FlNANpAL INFORMATION:(EXPLAIN) . ; ��9 �� C�'��;� ��'.��,t / This agreement is nad and entered into by and between the Office of ' Library Development and rvices, Departr�ent of Educatia:�, an behalf of the State of Minnesota, h reinafter referred to as LDS, and the St. Paul Public Library, an agency of the City of St. Paul, :Zinnesota, hereinafter referred to as the Libra . Whereas, under :�linn. S at. 134.31 it is the policy of the state to support the provision of ibrary service and the development of cooperati�e programs for the sharing f resources and serrices; and Whereas, LDS has dete 'ned that one program to implement the state's policy is the provisian o an interlibrary loan and reference senrice to the regional public libra systems of *4innesota; and I,lhereas, the Library is capable of operating a program of interlibrary - loan and reference servi.ce � Vow therefore, the part es hereto agree as follows: • I. 1he Library shall: A. Receive interli rary loan and reference requests via co+��ications r,�edia as�may be agreed by the parties fro,�► the regional public library systens outside the c ties of Ancka, Carver, Dalcota, Heru�epin, Ra-�sey, Scott and L,Tashingtan th ugh ca��nmications nodes designated by LDS. B. Lend items from its collection in respanse to reqvests received hereunder and refer unf'lled requests via an established routing syste.� co other libraries de , probable secondary saurces including but not limited to other public ibraries participating in the �'{etr000litan Library Service Agency ( '�LSA) , academic libraries thrcugh Ccoperatir.g Libraries in Consortitrn CLIC) and the :linnesota Interlibrary Teleco:7r.naiicatians Exch ge (;�NIT�) at the Ltniversity of ,iinnesota. • .. - " � - 2 - ��'9-/�?7y C. Maintain a sys em of reserving items to fill requests received hereta�der in cases whe e said items are in use ��en a request fcr said items is received. D. Provide up to 5 pages of photocopies of library materials � wi.thout charge in lieu of the loan of an iter�, such services to be provided consistent w-i h provisions of Title 17, U.S. Code. E. Provide to LDS monthly reports of the arna�.mt of services _ pravi.ded herevrider inc uding the services provided by secondary sources. F. Provide to LDS zn annual report of expenditures incurred hereunder including pa nts to secondary sources. G. Pravide to LDS 'nfornation concerning problems encrnmtered, � recormendations for ' , oved services and other reasonable and appropriate infornation as may be mutually agreed to regarding the • _ operatian of the servic s pravided hereunder. - . H. Fro� the amount established in Sectian II, D. , reimburse � secondary sources, exce t ��1ITEx and CLIC, at the rate of $1.15 per search and $3.00 per fi 1, provided that the secondary sovrces shall agree to r.�aintain a sys en for placi*ig requests an a �taiting list when the requested materials are in use. � II. The Office of Libr Developnent and Services shall: A. Develop in cans tation wzth the Library policies and procedures to i.mple�ent the progr of interlibrary loan and reference service a.-id provide a nanual of said oolicies and procedures to the regianal public library syste.�s. B. Cocrdinate the i �erlibrary lcan and reference service network resulting fro:-� this agre nen� and serve as a co�, � ication channel on • natters of policy betwee the Library and the regional public library systeris receiving servic s nereta�der. � . - 3 - �,��'/7 7 i C. Provide to the ibrary a list of regional public library system communication no es eligible to submit interlibrary loan and � reference requests. _ - D. Reimburse the L brary for services provided hereunder during the state's fiscal year ending June 30, 1990 in the amount of $210,000 . which shall be paid to he Library in two installments provided that no such payment shall b made in advance of the period for which paid. III. All Services provi ed by the Library pursuant to this agreement shall be performed to th satisfaction of LDS as determined in the sole discretion of its a thori2ed agent. William G. Asp, Director of � LDS, and in accord with 11 applicable federal, state and local laws, ordinances, rules and re ulations. The Library shall not receive payment for work found b LDS to be unsatisfactory or performed in violation of federal, st e and Iocal law, ordinance, rule and regulation. IV. This agreement may b cancelled by LDS or the library at any time, with or without cause, up n ninety (90) days written notice to the other party. In the event of s ch cancellation, the Library shall be entitled to payment, dete mined on a pro rata basis, for work or services satisfactorily performed. V. The Library shall nei her assign nor transfer any rights or obligations under this ag ement without the prior written consent of the authorized agent of LDS. VI. ,Any amendments to thi agreement shall be in writing. � , . �� 9 - - 4 - J In witness whereof, the rties have caused this agreement to be duly executed intending to be brnnid thereby. APPRO'�IED: . STATE OF I�ffNNESOrTA CITY OF ST. P?,UL DEPARTMENT OF IDI7CATION DIVISION OF LIBRARIES BY� • � By: :...,� � � Date: q-1 — Date: 9�%fS��9 CITY OF SAINT PAUL � MAYO � APPraved to Form• By: B ��.✓f r�c y• i�� i` Date: Date: J�-- 2 �—g Assistant City Attorney DEPAR�TT OF FINANCE AI�ID MANAGII�r SIIZVICES _ sy: Date: DEPA�TI�TT OF CON�7LJNITY SERVICES sy: ��v �� -�� Date: q "ZD — ��' WHITE - CITV CLERK PINK - FINANCE C I Y OF SA I NT PA U L Council r'`�' �rf f�� CA.'�ARV - DEPARTMENT BLUE - �AVOR File NO. �I V - City Attny/FEV Co ncil Resolution �`�, �33 Presented By Referred To --G �L�- Committee: Date �� " Out of Committee By Date WHEREAS , Section 5 03 of the St. Paul City Charter and Section 3 . 04 of the Adm nistrative Code authorize the city counsel , upon request o the City Attorney, to appoint special counsel and provide com ensation therefore in cases of special and unusual circumstanc s ; and WHEREAS, the City ttorney has informed the City Council that the number and com lexity of lawsuits brought and pending against the City of St. Paul, its officials and employees con- tinues to increase; and WHEREAS , the Mayor and City Council have approved by Resolution the transfer and expend ture of funds to retain outside counsel to assist the staff of the City Attorney in the defense of tort claims and workers compensatio claims ; now, therefore, be it RESOLVED, that by irtue of the special and unusual circumstances noted, the law firm of ardine , Logan & 0'Brien be retained to represent and defend th City of St . Paul and such officials and employees as may be nam d as defendants in the following actions : Eleanor M. Wa entien v. Cit of St . Paul Susan Barcla osenbloom, Trustee v. Cit of St . Paul Wayne B . Rol v. Cit of St. Paul and such other actions ich, in the opinion of the City Attorney justify referral ; and b it COUNCIL MEMBERS Yeas Nays Requested by artment of: Dimond � �� n Favor Goswitz Rettman B Scheibel gai n s t Y Sonnen Wilson Form Appro by City Attor y Adopted by Council: Date Certified Yassed by Council Secretary BY B� Approved by Mavor. Date _ Approved by Mayor for Submission to Council By _ BY