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87-963 WMITE - CITV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council A CANARV - DEPARTMENT File NO. ,�` � �v- BLUE - MAVOR Co .0 'l Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the proper City officials are hereby authorized and directed to execute an agreement with the Department of Corrections, State of Minnesota - Stillwater Correctional Facility - for the continuation of the lending library relationship with the Division of Libraries, City of Saint Paul , subject 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 Services. COUNCILMEN Requested by Department of: Yeas prew Nays / Nicosia ��' Commun i t.y Serv i ces Rettman 1r't In Favor Scheibel Sonnen �__ AgBi[lst BY � �itiasee� Wilson JUL ' � �9�7 Form Ap y Cit Att ney . Adopted by Council: Date �' Certified Pass d b cil Sec a BY B}� � i Approv Vlavor: Date � � �� Appr by Mayor for Submis ' BY - — ` p��sl� �U L I 1 i987 - i __ _ , � _ ; : (,,�P�!!3 _ ; . � �1° 010001 � Comnunity �Services/Libra ies DEPARTMENT • J+2rY' . S�2 b@r CO�TACT NA�iE - PHONE June 16 DAT� . g � � � � �g�$: (See reverse side.) � Depar,�ment Director Maqor (or Assistant) 3 Finan�e and 1!tanagem t Services Director � City Clerk Budge� Director � .itX Council � �City 4ttorney �; Finance Accn��ntin� 7 L��a�ri��sion (Steenberg) to 0 A 6 (Clip all locationa fo�� ignat�]res _ I i Q G C Y (Purpose/Rationale) , ; Continuatjion of the int rlibrary loan progra�n provided by the Saint Paul Public Library for. the Sitate of Minnes ta, Department of Corrections, Stillwater Correct��,�ility for two fliscal years, e fective July 1, 1987 until June 30, 1989. � JUN � � 1987 , ,^ cos s i c s c s a c MAYQR� OFFICE No additi�onal costs or ersonnel for the library sys�em. Benefits (receipts) of $1.50 per titl� or subject se rch and $3.00 per title or subject request fi`l�ed. � � I � FNN I S VI (?Sayor's �signature not equired if under $10,000.) Total �mount of Tran ction: $1 ,000 � Activity Number: 33400 I Fundin� Sou'rce: 349 . � � � RECEIV�',� . � . (List an number all attachments.) " JUN � 9 198 7 I. Coun�il Resolution � 2. Contt^act for fisca years 1988 and 1989 (6 copies). �ITY A���i.��,��Y . DM T _ i _Yes� X No Rule , Regulations, Pracedures, or Budget Amendmept required? Yesi _No If y s. are they or timetab2e attached7 DEPARTI�IE_NT REVIEW CITY ATTORNEY REVIEW : �,Yes ; �o Counci resolution required? 'Resolutio� required? _Yna _No _Yes i �!N nsura ce required? Insurance sufficient? Ya� No�� _Yes i o Inffiura ce attached? . , � . i � " ;k � .. ______.:_... .- _,.. . --,. �^� . .� . STATE OF MINNESOTA ��'--��.3 CONTRACTUAL-(non-state employee) SERVIC�� i Trn.No. FY Account I.O. Dept./Div. Sequence No. Sufffx Objwcc Vendor Type AmouM �� � A40 8 007724 78620 �0600 O1 167 007 392 000 V 500.Gt� � Purchase Terms Asset No. C.CD. 1 C.CD. •Z C.CD. 3 Cost Code 4 Cost Cods 5 � �, i N�t � / � � � I a Date Number Entered By Type of Transaction � A 40 Q A 41 ' �, . 4 J• Date 1� - Number Entewd By � � A 44 � A 45 \ � A 46 �� r'� � NOTICE TO CONTRACTOR: You are required by Minnesota Statutes, 1981 Suppiement, Section 270.66 to p vide your social security number or Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This contract will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel involved in the payment of state ohligations. THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota, betweert the State of Minnesota, acting tnrough its (hereinafter STATE) and $t Paul P�ihl ir I ihrarv jpt�Librar�Loa� De{�t. - address Q�1 W ath Ctrcot � Soc.Sec.or MN Tax I.D.No. �a7 4 (11 Federal Employer I.D.No.(if applicable) Q,.j,-������1 W , fhereinafter CONTRACTOR),witnesseth that: - � - WHEREAS,the STATE,pursuant to Minnesota Statutes .�QQ� �a1 '�� ?.4�2.�2�. � is empowered to - ,and WHEREAS, for he secur�T tr�i n i p,g„ and trpatmPnt nf �Prcnnc ,and WHEREAS,CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein, NOW,THEREFORE,it is agreed: 1. CONTRACTOR'S DUTIES (Attach additional page if necessary). CONTRACTOR, wha is not a state employee,sha1L• Lend library materials via lnterlibrary Loan Procedure to the Minnesota Correct%onal Facility Library at Stillwater. 7he Compensation involved will be to reimburse the expenses incurred in search and loca�ion of materials requested. . . . II. CONSIDERATtON AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materials supplied by CONTRACTOR pursuant to this coniract sha{i be paid by the STATE as follows: 1. Compensation At the rate of �l 50 nPr cParr and � OQ nPr fi l lPd rPniiPCt_ 2. Reimbursement for travel and subsistenCe expenses actually and necessarily incurred.by CONTRACTOR performance of this contract in an amount not to exceed N/�, `, dol{ars ($ ); provided, that CONTRACTOR shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in ihe current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations. CONTRACTOR shall not be reimbursed for travel and subsistence expenses incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from ihe STATE. The total obligation of the STATE for all compensation and reimbursements to CONTRACTOR shall not exceed �ln,. -rti��;S�R�+ - doltars ($ 1 ^OQO_OG �). � B. Terms of Payment i. Payments shall be made by the STATE promptly after CONTRACTOR'S presentation of invoices for services performed and acceptance of such services by the STATE'S authorized agent pursuant to Clause VI. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: n _. Quarterly invoices - 2. (When applicable) Payments are to be made from federal funds obtained by the STATE through Title of the - - % Act of (Fublic law and amendments thereto). If at any time such funds become unavailable, this contract shah be terminated immediately upon written notice of such fact by the STATE to CONTRACTOR. In the event of such termination, CONTRACTOR shall be entitled to payment, determined on a pro rata basis,for services satisfactorily performed. " CD-00032-03(5/85) (ADMIN. 10511 , � - _ ..:.�""—�: ."°`st'k�e��r�.��,'�r�'- li�. COND�TIONS OF PAYMENT. All services provided by CONTRACTOR pursuant to thfs contract shall be performed to ��sat� isfac�ion of ;he STATE, as determined in the sole discretion ot its authorized agent, ?nd in accord with all applicable federal, stbte;� and local laws, ordinances, rules and regulations. CONTRACTOR shall nor rc�eive payment for work found by the'STATE to be unsatisfactory,or performed in violation of federal,state or �-.,�: �e�,',urdinance,rule or regulation. ' ` `"'�'_„(�� . IV. TERM OF CONTRACT. This contract shall be effPC�ivc on �Ul-y 1 , 19 g� , or upon surt, date as it is executed as to encumbrance by the Commissioner of Finance, whichever occurs later, and shall remain in effect until .]t111P_ 30 , �g��, or until all obligations set forth in this contract have_tieen satisfactorilyfulfitled, 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 sh�lt 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 ot administration ot this contract is William Morehead - Education Director Such agent shall have:final autharity 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. VlII. AMENDMENTS. Any amendments to this contract shall be in writing, and shall be e.xecuted by the same parties who executed the original contract, or their successors in offi�e. . PX. LIABILITY. CONTRACTOR agrees to indemnify and save and hold the STATE, its agents and emp{oyees harmfess from any artd all claims or causes of action arising from the performance of this contract by CONTRACTOR or COIVTRACTOR'S agents or employees. This:clause shalj not be construed;to bar any legal remedies CONTRACTOR may have for.the,STAT�.'S failure to fulfitl its obligations pursuant to,this contract. . � � , , X. STATE AUDITS. The books, records, docume.nts, and accounting-procedures and practices of thz CONTRACTOR relevant to this contract shall be.subject to examination by the contracting department and the legislative auditor, . __ : . .; . XI. OWNER.SHIP.OF DOC.t1MENTS. Any reports, studies, photographs, negatives, or other.documents p�epared by CONTRACTOR in the performance of its obligations under this contract shall be the exclusive property of the STATE and all such mate�ials shalt be remitted to the STATE by CONTRACTOR upon completion, termination or cancellation of this contract.CONTRACTOR sha{I not use, willingly.allow or. cause to have"sucf�" materials used for any purpose other than performance of CONTRACTOR'S obli- � - - gations under this contract"without"the prior writ`ten consenf of the STATE. ` " ' � ' " XI1. AFFIRMATIVE ACTION. ,(When applicable► _CONTRACTOR certifies that if has received`a�cerfificate of comptiance fram'the Commissioner of Human Rights pursuant to Minnesota Statuies, 1981 Supplement, Section 363:073. " "` XIII. WORKERS' COMPENSATION. In accordance with the provisions of'Minnesota Statuies, 1981 Supplemeitt, Seciiori 176:182, ihe STATE affirms that CONTRACTOR has provided acceptable evidence of compliance with the workers' compensation insurar�ce 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 the antitrust laws of the United States and the antitrust laws of.the State of Minnesota. XV. OTHER PROVISIONS. (Attach additional page ifi necessa�y): � : - - '__ State agrees to pay an increase in the amount per search and per filTed request if and-when CON�'RAGTOR documer�ts .that MELSA (�Metropolitan Library Service Agency) , _ _, reimbursement rate has increased during contract periad. , _ _ _ I�! �UlTNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: NOTE: Remove carbons before obtaining signatures. M As to form and execution by the � CONTRACTOR: Q3 ATTORNEY GENERAL: (If a corporation,two corporate officers must execute.) ev ay Title Date Date � . 4Q COMMISSIONER OF ADM�NISTRATION: BY By(authorized signature) Title ' Oate ' ` Date � STATE AGENCY OR DEPARTMENT: �5 COMMISSIONER OF FINANCE: By (authorized signature) By (Encumbranca Cenier authorited signature) Tit!e Oate Date Whire — Finance Oepartment Blue — Agency Accounting Unit Canary —Contractor Salmon — Administration Department Pink — AgsneY Suspenso.CoPY G/een — Agency WOrk CopY .._ .a.i:",.. ,, . ... . �. �_-;>:t„-.. . ,..,.i � � . r _, - � ��- ��3 . . ; , CITY OF SAINT PAUL •CITY OF SAINT PAUL Approved to Form: DIVISION OF LIBRARIES A �,� ,j��• 1. /� . A . BY� l� /"d.- v � ��t B . ,,r�,�. ' �`- y Date: G � y�� Date: / Assistant City Attorney - DEPARTMENT OF COMMUNITY SERVICES �� By: '/' , � Date: DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES , By: Date: � ��