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87-964 Wh11TE - CITV CIERK PINK - FINANCE G I TY OF SA I NT PAU L Council CANARV - DEPARTMENT Flle NO• ����`�,� BLUE - MAYOR � - �' ncil 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 - Oak Park Heights Correctional Facility - for the continuation of the lending library relationship with the Division of tibraries, 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 p�� Nays M��: Communit Service Nicosia In Favor Scheibel � Sonnen � Against BY i�deeee+ Wilson ,UL — � �987 Form Ap oved Cit tt ney Adopted by Council: Date � Certified Pass y C uncil Sec ar BY By �� A►pprov 1+lavor. Date ��7 Appro d by Mayor for Submi io o Counc'1 c-- By E .=E-i;.�� J U L � 1 �5�� , � � �G-�7 9�`� '; � �11° 010004 � C nit Service /Libraries DEgntt2�rrr - r t enber „ corrr�c� xn� - 11 PHONE � , U 1 9 7 DATE S G (S�e reverse side.) 1 'iDepartment Dir ctor Msyor (or Assistar►t) � �Finance and ZSa agement Sarvices Director 4 City Clerk . IBudget Directo � City Council � ;City Attomey � Finarfce Accou��inq G 6 (ciip aii iocations fo�b�3�;���e��eiS1g���U���2rg) W Y G C 0 ? (Purpos�/Rstioriale) ' � Con�tinuation of t e interlibrary loan program provided by the Saint Paul Public Library for; the State of innesota, Depa�rtment of Corrections, 0ak Park Heights Correctional Facility for two iscal years, effective July I , 1987 until June 30, 1989. COS � B F Y SONNEL M T D: No .$dditional cos s or personnel for the l:ibrary system. Benefits (rec�ipts) of $i.50 per, title or subj ct search and $3.00 per title or search request filled. i ' � � C D U I GED OR C , (l�iaq�r's signature ot required if under $10,000.) Tot�al Amount of ans�ction: $1,700 Activity Number: 33400 Fuitding Source: 49 ATTA HMENTS: (List and number all attachments.) 1. ;Council Resolu ion 2. '�Contract for f scal years 1988 and 1989 (6 copies). �►D� A V�' OC DU Yes X No R les, Regulations, Procedures, or Budget Amendment required? _�es _No I yes, are they or timetable attached? DEPAR�MENT �tEVIEW CITY ATTORNEY REVIEW Y� s o cil resolution required? Resolution required? � Yes _No �Y s � Ins ance required? Ix�surance sufficisnt? _Yes _No/f/ � Y s No Ins rance attached? , i � . , ��'� STATE OF MlNNESOTA �,r'_y�'��(p�� . , i CONTRACTUAL (non-state employee) SERVICES Trn.No. Account LD. Organizstion F,Y. Requisition No. Vendor Number Type *P��ns Cost Cbde 5 . CD.1C.C0.2 C.CD.3 A� 043455 78630 8 07167 007 3920 00 '�! � Net Cost Code 4 800.npTMpypYpp es�;Frix Object 90 00 :�89 01 167 $E►v� TYPE OF TRANSACTION: � A40 � qa1 ��Sg7 00�90 Entered by ��G�z 1��/ . Date Numbsr ❑ A44 ❑ A45 ❑ A46 Entered by Oate Numbsr NOTICE TO CONTRACTOR: You are required by Minnesota Statutes, 1981 Supplement, Section 270.66 to provide your social security number or Minnesota tax identification number if you do business with the State ot 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 avaitable to federal and state tax authorities and state personnel involved in the payment nf state obligations. THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota, beiween the State of Minnesota,acting through �is Denartment of Corrections - Minnesota Correctional Facility-Oak Park Hei4hts (hereinafter STATE) and St. Paul Public Library� - Inter Library Loan De,partment address" 90 West 4th Street St. Pa�l Minnesota 55102 � � ' Soc.Sec.or MN Tax I.D. No. 297 A.0� Federal Employer I.D.No. (if applicable) 4�-6005521 t� , (hereinafter CONTRACTOR),witnesseth that: WHEREAS,the STATE,pursuant to Minnesota Statutes 1986 Secti on 15.061 isempoweredto�nter into aareement with �lc and privatP aqencjes for special treatm��� o�F nersons subiect to the Commitsioner of Correc ions ,and WHEREAS, the Gommissioner of h D -�artment of Corrections i au hori d by law to �ovide for the securitv. training and treatment of persons ,and WHEREAS,CONTRACTOR represents that ii is duly qualified and willing to perform the services set forth herein, NOW,THEREFORE,it is agreed: i. CONTRACTOR'S DUTIES (Aitach additionat page if necessary►. CONTRACTOR,who is not a state employee, shall: Lend library materials via inter-library loan procedures to the Minnesota Correctional Facility Library at Oak Park Heights. The compensation involved is for reimbursing the expenses incurred by the librar.ies in searching and locating materiais requested. , . II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materials supplied by COfVTRACTOR pursuant to this contract shall be paid by the STATE as follows: 1. Compensation dt the rate of $1 .50 per search and $3 00 per filled reauest Also see XV. Other Provisians. 2. Reimbursement for travel and subsistence expenses actually and necessarily incurred by CONTRACTOR performance of this contract in an amount not to exceed N/A dollars ($ ); provided, that CONTRACTOR shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the 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 frorn the STATE. The total obligation of the STATE for all compensation and reimbursements to COIVTRACTOR shall not exceed _One tho��sand seven h�ndred and no/100 donars (S_ . 1 .700.00 �. u. ierros oT raymenc 1. 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: Quarterly invoices 2. (When applicable) Payments are to be made from federal funds obtained by the STATE through Titte of the Act of (Public law and amendments Lhereto). (f at any time such funds become unavailable, this contract shall 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. C,,GJU.z-.?2 (1/s2} i:^;ufv7lfJ. 7J51) -- - �. �_ _ �._ _: .� _ _... .. . _ _ �� � _ _ _ _ !II. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant to this concract shall be performed ro�r .e. sat_ isfaction of the STATE, as determined in the sole discretion of its authorized agent,and +n accord with all applicab�8 federat, state. . . and local laws, ordinances, rules and regulations. CONTRACTOR shalt not re�eive (�ayment for work fo,�n� o� the,$TATr= �r '�� unsatisfactory,or performed in violation of federal,stete or loca� law, ordinance,rule or regulation. UC ���`��Py !V. TERM OF CONTRACT. This contract shall be effective o��� ���v � ,_ , 19�_, or upon such date as it is executed as to encumbrance by the C,o�r�rnissioner of. Finance, whichever oc�rs later, and shalt remain in effect untit June 30 , �9��,.ar Lntil all obligations set forth �� this contract have been satisfactarilyfulfilEed, whichever occurs firsL ✓. CANCELLATION. This contract may be cancelled by the STATE or �ONTRACTOR at any time, with or without cause, upon thirty (3Q) days' writt�n 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 sa`tisfactorily performed. :'I. STATE'S AUTHORIZED AGENT. The STATE'S authorized a�'ent for the purposes of administration of this contract is A1 LJebster, MCF-OPH Education Director ' �,; Such agent shall have final authority for acceptance of CONTRAGT�R'S services and if such services are accepted as satisfactory, � shaU so certify on each invoice submitted pursuant to Clause II, paragraph B. :I I. ASSIGNMENT. CONTRACTOR shall neither assign nor transfer any righis or obligations under this contract without the prior written consent of the STATE. :'ill. AMENDMENTS. Any amendments to this contract shalt be in writing, and sha4t be executed by the same parties who executed the original contract, or their successors in office. '.X. UABIUTY. CONTRACTOR agrees to indemnify and save and hold the STATE, its agents and emp4oyees harmless from any and all claims or causes of action arising from the performance of this contract by COIV�RACTOR or CONTRACTOR'S agenu or employees. This clause shalf not be construed to bar any legal r:emedies CONTRACTOR may have for the STL�TE'S failure ta fu�fill its obligations pursuant to •tfiis contract. � • - � t. STATE AUDITS. The books, records, documents, and accounting procedures and practices of tf�e CONTRACTOR relevant to this contract shalt be subject to examination by the contracting department and the legislative audito�. _ � ;�CI. OWNER�HIP 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 atl such materials shalt be remitted to the STATE by CO(VTRACTOR upon.completion; termination or cancellation of this contract.CONTRACTOR sha{{ �tot use, willingly allow or cause .to ha.ve such mat�rials used for any purpose other tha� perfflrmanee of CONTRACTOR'S obli- gations under this contract without the prior written consent of the STATE. - . . XII. AFFIRMATIVE ACTION. (When applicable) CONTRACTOR certifies that itshas received a certificate.of compliance from the Commissioner of Human Rights pursuaM to Minnesota.Statutes, 1981 Supplement, Section 363,073. . XI II. WORKERS' COMPENSATION. In accordance with the provisions of�Minnesota Statutes, 1981 Supplemerit, Section 176.182, tf�e 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 Z. XIV. ANTITRUST, CONTRACTOR hereby assigns to the State of Minnesota any and all ctaims for overcharges as to goods and/or services provided in connection with th�s contract resulting fram antitrust vio{ations 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 if neceuary�: ' STATE agrees to pay. an increase in �the amount per search and pe�^ filled request if and when CONTRACTOR documents that MELSA (Metropolitan Library Service Agency) - : reimbursement rate has increased during contract period. 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. A As to form and execution by the 1Q CONTRACTOR: 3Q ATTORNEY GENERAL: �1f a corporation,two corporate officers must execute.) sy sv Ticie oaee Date Q4 COMMISSIONER OF ADMINISTRATION: By By(authorized sig�ature) Titie � " Date _ Date Q2 STATE AGENCY OR DEPARTMENT: Q5 COMMISSIONER OF•FINANCE: By (authorized signature) By (Encumbra�ce Center authorized signature) Title Date Da?e White — Finance Department Blue — Agency Accountiny Unit Canary — Contractor Salmon — Administration Department Pink — Agency Suspense CopY Green —Agency Work Copy N y ���9Gy CITY OF SAINT PAUL CITY OF SAINT PAUL Approved as to Form: DIVISION OF LIBRARIES By: =� gy: � Date: G ,� Date: ,�/d�P� Assistant City Attorney ^�� � DEPARTINENT UF CQt�NUNITY SERVIC sy: ���_�_ ,� � Date: Io /9 � . OEPARTMENT OF FINANCE AND MANAGEMENT SERVICES By: Oate: .