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00-1155O��i�INAL Presented By: Referred To: WHEREAS, the Mayor, pursuant to sec. 10.07.04 of the City of Saint Paul charter, does certify that there are available for appropriation $27, 146 in funds in excess of those estimated in the 2000 budget : �3- W HEREAS, the Department of TMS has provided significant services to Ramsey County in implementing the directives to merge ftamsey County and the City of Saint Paul Workforce Development programs , and s W HEREAS, Ramsey County has entered into a contract to reimburse the City for the time required by the Direcior of TMS at an s hourly rate as documented by that director, and � s s WHEREAS, the Mayor and Council must approve the contract between the Ciiy and the County as attached, and �o iz WHEREAS, there must be a budget approved to account for that activity , and 13 14 is is n is is 20 zi � 23 za zs 2s z� 26 zs 37 32 33 34 35 36 37 � 39 40 47 � FINANCING PLAN: Department of Technology and Management Services Division Director GL 165 31166 4526 Services to Ramsey County GL 165 3� 166 all other Current Budget 0 0 0 Committee: Date Change 27,241 0 27 241 SPENDING PLAN: Department of Technology and Management Services Division Director GL 165 31166 0219 paymentto consultant 0 27,241 All Other activity Spending 0 0 0 27 241 RESOLVED, that the City Cauncil approves the contract between the Clty and Ramsey County, and BE IT FURTHER RESOLVED, thaY the City Council approves ihese changes to ihe 2000 budget. Requested by Department of: Financial Services Office By: Amended Budget 27,241 0 27.241 27,241 0 27,241 Approval m e y B et irector: By: AdopUnn Certifiad hv Cnunr.il Ser.re}arv[ By: Appro By: RESOLUTION OF SAINT PAUL, MINNESOTA Form rov by City Attorney: � \ �rove by Mayor for Submi sion to Council: . �� semev ieuegeiotrce�n:�wzavesoiw�cnnmanes.wica7 iommo Council File # QO + ��S Green Sheet# 103136 AdoptedbyCouncil:Date (��,� �� ac�o ��— DEPARThIDTAVFtlCECOUNCLL DA'IEQiITGTED F;��;�s�;�ort 10-27-00 GREEN SHEET NO. 103136 Oo -\\SS COMACTPhR.WNAPHONE Q DPPARI'AffiTLDLLtEd'OR Od CTfYCO11NCd TomCran, 266-8547 � �'+ATro� ,�j �TM�� MUSTHEONWUNm.AGQ�IDABY(DA'[E) Ol SFROFF.D02 // � �`�OFF.A ('/�� O MAYOR(OAASS6T O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ONREQUFSIID Approve new budget financing and appropriation for charges for service of the Director of TMS x[cota.�nvnnorvs n�.W«w)trayaRp PERSONAL SIILVICE CONPRACIS MOST ANSR'ER 7'HE FOLLOWING QUFSIYONS: �rvuvccosanss`on _rnasmv��cosv.vsvo� I.HastLispersouffi`meverworkedunderawnrtactfordtisdepanmeuf! _pe ��ig YFS NO Asr,� _ 2.HasdvspusoNCumevabeenaciryemployee? ��s�wcrcowrr _ YES NO sweokts wwcxcomvmo�cnvEa 3. Does tltis person/Gim possess a s6ill mt nolmallyposses.uA by auy cu�rentcity employee? YES NO (Explain aLL yec answecs on uParate sLeetand attach to green sheeL) Plfllh'RNG P&OBLEM ISSIg.OPPoRT11N1]YlR'M. WN4 Q'M4 Whaq W The D'uector of TMS performed services for Ramsey County on the Wor}�'orce consolidationincluding services as the transition manager and negotiated reimbursement to cecover expenses u a fixed dollaz pez hour. The contract is cqmplete and ffiis resoluaon establishes the activity wittun fund 165 whece the revenue and e�cpenses can be captured. ADVAMAGE$@ApPROV� The convact with Raznsey County can be bIDed and recovery budgeted. DISADVANiAGESQ�'APPROVID Noue DISNDVAM'AGPSOPNO'CAPPROVFD ��. " X � TheCitycannotbecompensatedforiPssubcontracteffort. ��;��, �� .� .-, .= 2�fl� N�� 2 2 ��u� x��;� � � �9TY R�,TT�RNE`� LOTALAMOiMI'OPTNANSACLION 272t11 -� -- cosr�ev�vusswc�rentc�cf.eo� ves xo F„�ro��so�� 2000 bud�et A�r�ER GL - 165 - 31166 - 4326 ' Ev+nHanc v.¢oamwnorv� �uw� Sei�rtPeul �'+-n-ss Resolution Db -�\SS Board of Ramsey County Commissioners Presented By Commissioner Wiessner Date Attention: Budgetinq and Accounting Job Training Connie Peikert, Policy & Planning 9, Page 1 of 2 2000 No. 2000-159 WHEREAS, Ramsey County and the City of Saint Paui have entered into a Joint Powers Agreement for the consolidation of the County Job Training Department, the County MFIP-Employ"ment Services Program, and the City Workforce Development Program; and WHEREAS, Pursuant to the terms of the Joint Powers Agreement, the County Manager or his designee will manage the transition activities in accordance with the terms of the Joint Powers Agreement; and WHEREAS, The County wishes to purchase services from the City to assisf the County Manager in the performance of the transition activities; and WHEREAS, The City agrees to make the City's Director of Management and Technology available to provide services to assist the County Manager in the performance of the transition activities; and WHEREAS, An agreement has been negotiated that sets forth the understanding of the Gounty and City regarding the purchase of these services; Now, Therefore, Be ft RESOLVED; The Ramsey Gounty Board of Commissioners app�oves the Purchase of Service Agreement between Ramsey County and the City of Saint Paui: and Be It Further RESOLVED; The Ramsey County Board of Commissioners authorizes the Chair and Chief Clerk to sign the Agreement; and Be It Further i2AMSEY COUNTY BOARD OF COMMISS[ONERS YEA NAY OTHER 'Iony Bennet[ Dino Guerin Sue Haigh 2afael Ortega Victoria Reinhardt Janice Rethnan J�n Wiessnar RaCael E. Ortega, Chair � (Continued) Bonnie C. 7ackelen _ Chief Clerk - County E3oard .e Resolution Board of Ramsey County Commissioners ao -�\SS Presented By Commissioner Wiessner Date MaY 9. 2000 No. Z000 Attention: Budgeting and Accounting Job Training Pa e 2 of 2 Connie Peikert, Policy and Planning 9 RESOLVED, The Ramsey County Manager is authorized to make a budget adjustment to fund this agreement by transferring $27,241 FROM 400101 471104 TO 210101 421522 Contingency for Innovative Programs County Manager Other Professional Services 2AMSEY COUNTY BOARD OF COMMISSIONERS YEA NAY OTHER Tony Bennett X Dino Guerin X �ue Haigh X RnfaelOrtega X Victoria Reinhardt X Janice Rettman X Ian Wiessnrr _$_ __ Rafaei E. Ortega, Chair By /cJh-t(,�tQ �C,GtLr.�'S �G�rtA � �— Bonnie C. lackelzn Cliief Clcrk - Counry Board 60 -\�SS PURCHASE OF S�RVICE AGREENIEN'T BETWEEN RANISEY COiT`NTY AND TH� CTTY OF SAINT PAUL This Asreement is bericeen Ramsey County, throueh the Ramsey County Vlanaser. ("County") and tlie Ciry of Saint Paul, through the Office of Mana?ement and Technolosy, ("City"). WHEREAS, County and City have entered into a Joint Powers A,reement for the consolidation of tlie Counry Job Trainin� Program and the City Job Trainin� Program; and WHEREAS, pursuant to the terms of the Joint Powers A�reement, the County Manager or his designee will manase transition activities in accordance with the terms of the Joint Powers Aereement; azid � WHEREAS, the County wishes to purchase services from the City to assist the County Ivlanager in tlie performance of the transition activities; and WHEREAS, the City a�rees to make the City's Director of Mana�ement and Teclinology available to provide services to assist the County Manager in the gerformance of the transition activities; and WHEREAS, this Agreement sets forth the tmderstanding of the County and the City regarding the purchase by flie County of these Ciry services; I. SCOPE OF SERVICES A. The City, throuah Peter Hames, the Director of Management and Technolo�y for the City of Saint Paul, will provide those coordination and oversiaht services as the County Mana�er may request in relation to the mana�ement by the County Mana�er of a11 transition activities under the Joint Powers Aareement for the Consolidated Ramsey County-City of Saint Paul Workforce Investment Program dated March 16, 2000 ("Consolidation JPA"). Should Peter Hames become unavailable to provide these seruices, the City shail immediately notify the County, and this Agreement shall automatically terminate, effective upon such unavailability. B. To the extent applicabie to the transition services to be performed by the City, the terms of the Consolidation JPA are incorporated herein and made a part of this agreement by reference. C. Services shall be provided, as requested by the County, up to a total of 612 hours, during the period of time from March l, 2000, throuoh September 30, 2000. / po -�\SS II. PAYMENT' A_ Total payments under this Aereement shatl not esceed $27,241. B. County will pay City for actual hours of services performed at the hourly rate of $44.51. , C. The City shall invoice the County no more than monthly. The County shall make payment within 35 days' of receipt of a detailed invoice showing the dates and hours of services. III. GENERAL TERMS AND CONDITIONS A. NON ASSIGNABILITY The City shall not assign any interest in this agreement and shall not transfer any interest in the same, �vhether by subcontract, assi�nment or novation, widlout tl�e prior written consent of the County. B. INDENINIFICATION City shall indemnify, hold harmless and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, includina attorney's fees, which the County, its officers or employees may hereafter sustain, incur or be required to pay, azising out of or by reason of any act or omission of Ciry, its agents or employees, in the execution, performance, or failure to adequately perform City's obligations pursuant to this Contract. C. ALTERATION Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writin� and duly si;ned by both parties. D. IND�P�NDENT CONTRACTOR It is agreed that nothing coatained in this Aoreement is intended or should be construed as creating the relationship of a�ents, partners, joint venturers, or associates bet�veen the parties hereto or as constituting City as the emp(oyee of the County for any purpose ar in any manner whatsoever. The City is an independent contractor and neither it, its employees, agents nor representatives are employees of the County. Prom any amounts due the City, there will be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any otUer purposes which are associated with an employer-employee relationship uniess required by law. Payment of federal income tax, FICA payments, and state income tax are the responsibility of tlie City. � 00 -1\SS E. INSURANCE Ciry shall purchase and maintain such insurance as will protect City from claims, demands or judgments which may arise out of, or result from, City's operations under the contract, whether such operations are by City or by any subcontractor, or by anyone directly employed by them, or by anyone for whose acts any one of them may be liable. City shall be certain that all subconuactors carry proper insurance coverages. 2. City shall secure the folloiving covera�es and comply wich alI provisions noted. Certificates of Insurance shall be issued evidencin� such covera�e to the County Risk Mana�er. � 2.1 Commercial General Liability Insurance $ 1,000,000 per occunence � 2,000,000 general aggregate $ 2,000,000 productslcompleted operations totallimiC $ I,000,000 personal injury and advertisin? liability $ 5,000 medical payment per person $ 100,000 fire legal 2.1.1 All policies are to be written as acceptable to the County's Risk Manager. Coverage must be written on an occurrence basis: Such covera�e must inciude the followin� with no internal sub-limits: premises and operation, products and completed operations, and independent contractors. Certificate of Insurance must indicate if the policy is issued pursuant to this required lanQuage. If coverage is carried on a claims-made basis, then: 1} the retroactive date shall be noted on the Certificate and shall be prior to or the day of the inception of this agreement with the County; and 2) evidence of this covera�e shall be provided for diree yeazs beyond expiration of this agreement. Covera�e sha11 include contractual liability covera�e either on a blanket or specific basis to cover this a�reement. Ramsey County, iis officials, employees, and a�ents, shail be listed as additional insured; a separation of insureds endorsement shall be provided to the benefit of the County. Coverage shall provide for deletion of the CCC exclusion or broad form property damaoes. 2.2 Automobile Insurance 2.21 Coverage shall be provided for hired, non-owned and owned auto. Coverage sha11 include tmderinsured and uninsured motorist per � 00-\�5� Minnesota State Statute. Covera�e shall include personal injury protection. Minimum lunits of: $1,000,000 combined sin�le limit. 2.3 Worker's Compensation and Employer's Liability 23.1 Worker's Compensation benefits shall be per Minnesota Statute. 23? Employer's Liabiliry shall be: $500,000!$SOO,QQQ/$SOO,Q00 2.33 Other States Coverage,'All States EndorsementJUniversal Coverage shail be included on the policy. 2.�} Professional Liabiliry Covera�e 2.4.1 Minimum Limit: $1,000,000 per claim 2.4? Aggregate Limit $2,000,000 This policy is to be written as acceptable to County's Risk Manager. Certificate of Insurance must indicate if the policy is issued on a claims-made or occurrence basis. If coverage is carried on a ciaims-made basis, then: 1) the retroactive date shall be noted on the Certificate and shall be prior to or the day of the inception of this agreement; and 2) evidence of coverage shail be provided for three years beyond expiration of this agreement. Ramsey Comity, its officials, employees, and agents, shall be listed as additional insured; a separation of insureds endorsement shall be provided to the benefit of the County. Contractual Liability coverage shall be provided whether on a blanket basis or specifically covering this a?reement. 3. Crime and Fidelity Bond: $ 4. License, as required. City shall provide copy of such license at the request of the County. Ail Certificates of Insurance shall provide that the insurance company gives the Ramsey County Risk Manager thirty (30) days prior written notice of cancellation, non-renewal and/or any materiat change in policy. 6. The above sub-paragraphs establish minimum insurance requirements, and it is the sole responsibility of City to purchase and maintain additional insurance that may be necessary in connection with this contract. 7, City sha11 not commence work until the City has obtained the required insurance and filed an acceptable Certificate of Insurance wittl the � 6 � -\\SS Cowlty's Risk Manaser. Copies of insurance policies shall be submitted to the County's Risk Manaaer upon request. 3. Nothing in this contract sha11 constitute a waiver by die County of any statutory limits or exceptions on liabiliry. 9. CeRificates shall specifically indicate if the poiicy is wrirten with an admitted or non-admitted carrier. Best's Ratin, for the insurer shall be noted on the Certificate, and shall not be less than an A+. 10. On the Certiticate, agent shall certify that the a�ency cazries Errors and Omissions coveraQe. 11. The timits for General, Auto and Professional Liability coverage w�ill increase automatically to reYlect the chanses in the Couniy's limits of liability under Minnesota Statutes Chapter 466. F. NON-CONFORMING SERVICES The acceptance by the Cowity of any non-confomvng services under the terms of this aoreement or the foregoin; by the County of any of the rights or remedies aiisin� under the terms of this a�reement shall not constitute a waiver of the Counry's ri�ht to confomiing services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this a�reement. Tlie rights and remedies of the County provided or referred to under the terms of this agreement are cumulative and not mutually exclusive. G. WASTE REDUCTION The City shall participate in a recyclin� proeram for at Ieast four broad types of recyctable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this contract shall be printed on both sides of the paper, where commonly accepted publishing practices a(low, on recycled and recyclable paper usin� soy- based inks, and shall be bound in a manner that does not use glue. H. S�TOFF Notwithstanding any provision of this A�reement to the contrary, the City shall not be relieved of liability to the County for dama�es sustained by the County by virtue of any breach of this Agreement by the City. The County may withhold any payment to the City for the purpose of setoff until such time as the exact amount of dama�es due the County from the City is determined. � � o -1� SS I. EQUAL ENiPLOYM�NT OPPORTUNITX The City a�rees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders per[aininQ to unlawful discrimination on accounc of race, color, creed, religion, national oriQin, sex_ marital status, status with regard to public assistance, se;cual preference, disability, or ase. When required by la�v or requested by the Counry, the City shall fumish a written affirmative action plan. J. PT2EVAILING WAGE All conttactors and subcontractors shall confonn to the labor laws of the State of Minnesota, and all other laws, ordinances, and legal requirements affecting the work in Ramsey County and Minnesota. The minimum wave rate per hour to be paid for each classification of work shall be the union wage rate in the locality of the project for diose classifications over which the unions have jurisdiction and the local prevailing rate for diose classifications of work in the localities over which the unions do not have jurisdiction. K. TERi�IINATTON A. With Cause - The County reserves the right to suspend or terminate this A� eement if the Ciry violates any of the terms or conditions of this Agreement or does not fulfill in a timely and proper mannec its obligations under this Agreement as deternuned by the County. In the evenc that the County exercises its right of suspension or termination under this Pazasraph, it shall submit written norice to the City, specifyinQ the extent of such suspension or termination under this Pazaa aph, the reasons therefore, and the date upon which such suspension or termination becomes effective. Upon receipt of such notice, the City sha11 take all actions necessary to discontinue further commitments of funds to the extent that they relate to the suspended or terminated portions of this Agreement. $. Without Cause - The County may terminate t1�is Agreemeut without cause and for any reason whatsoever upon givin� at least thirty (30) days written notice thereof to the other party. In such event, the City shall be entitled to receive compensation for ttie services provided in a satisfactory manner up to and includina the effective date of termination. L. COMPLIANC� WITH APPLICABL� LAW The City a�rees to comply with all Eederal, state and local laws or ordinances, and ail applicable niles reg�dations, and standards established by any agency of such � 00 -\\5S govemmental units, which aze no�v or hereafter promulgated insofar as they retate to the City's performance of the provisions of this A?reement. It shall be the obligation of the City to apply for, pay for and obtain all permits and/or licenses required by any �overnmental aRency for the provision of those services contemplated herein. NI. ACCESS TO DOCUViENTS Until the expiration of six (6) years after the fiunishin� of services pursuant to this Aareement, the City, upon written request, shall make available to the County, the State auditor or the County's ultimate fundin� sources, a copy of this Agreement and the books, documents, records and accountin� procedures and practices of the Ciry relating to this agreement. N. DATA PRACTICES All data collected, created, received, maintained or disseminated for any purpose in the course of City's performance of this Agreement is �ovemed by the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes. as well as federal statutes and regulations on data privacy. O. CONFLICT OF INTEI2EST The City affirms that, to the best of City's knowledQe, City's involvement in this contract does not result in a conflict of interest with any pam or entity which may be affected by the terms of this contract. The City a�rees that, should any conflict or potential conflict of interest become known to City, City will immediately notify the County of the conflict or potential conflict, specifying the part of this contract givinQ rise to die conflict or potential conflict, and will advise the County whether City will or will not resign from the other engagement or representation. P. WORKPLACE VIOLENC� PREV�NTION The City shall make all reasonable efforts to ensure that City's employees, officials and subcontractors do not en�age in violence while performin� under this contract. Violence, as defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any action involving the use of physical force, hlrassment, intimidation, disrespect, or misuse of power and authority, where the impact is to cause pain, fear or injury. Q. WORKFORC� llIVERSITY City sha(I make aood faith efforts diroughout the term of tl�is Contract, and any extensions thereof, to employ persons of color for.ail dassifications of worl: 7 bo-�\ss under this Contract, and shall, when requested by County, submit a written report to the County regazdin� the effarts and results of such efforts, includin� employment by job classification. R. SUBCONTRACTOR PAYMENT' Prime contractors shall pay any subcontractor within ten days of the psime City's receipt of payment from the County for undisputed services provided by the subcontractor. The prime City shall pay interest of 1 1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on tiine to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the prime City shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penaities from a prime City must be awazded its costs and disbursements, includinv attomey's fees, incurred in brinaing the action. S. INTERPRETATION OF AGREEMENT; VENUE This ARreement shall be interpreted and construed accordinQ to the laws of the State of Minnesota. All litigation regazdinQ this agreement shall be venued in the appropriate state or federal district court in Ramsey County, Minnesota. T. Y2K Warranty City warrants that: 1) all hazdwaze and software to be provided, developed, or used to meet the requirements of the contract before, during and after the tum of the century, aze free and clear of Year 2000 defects and will not experience abnormal ending andior produce invalid or incorrect results in the operation of the business of the County; 2) all date fields shall recognize the date with the correct century, calculate same century and multi-century formulas and data values and interface values regarding the century; and 3) in the event of any recognition, calculation, or indication of century problems related to the Year 2000, Vendor will make all code adjustments necessary in a timely fashion, at no cost to the County, to ensure that the code and databases are Year 2000 compliant. For putposes of the Y2TC warranty, the followine terms shall have the indicated meanings: "Yeaz 2000 compliant" means able to accurately process and store date data and to perform such operations without interruption. "Accurately process date data" means calculating, including leap years; comparing; and sequencing, regardless of �vhether tied to any CPU or system ciocks. !7 00 _��ss U "Accurately store date data" means no date "windowing" techniques, interact correcdy and with any outside system regardless of how that outside system deals with Yeaz 2000 issues; two-digit date format storage is unacceptahle. "Operates without interruption" means will operate continuously and without any interruption in the time period immediately before and after any imown or suspected industry-wide year 2000 critical dates (January 1, 2000; and February 29, 2000). ENTIRE AGREEIVIENT This Agreement shall constitute the entire Agreement betw�een the parties and shall supersede all prior oral or written negotiations. WHEREAS, the parties have executed this A�reement this day of , 2000. RAMSEY COi3NTY � � v�� Ja Ld'zessner,.�lica C7eair S�9/DU sey County Board of Commissioners �ti� �L�� Bobbie 6rancer, Acting Chie£ Clerk Ramsey County Board of Commissioners aoo�' -�Sy 2ooa - li�o �- foa /ol- 97i iD4 Acc unt I3umber s/o z o Budgeting and ccounting Insurance approved: d� ��-�. Risk Manager S �� m C OF S�T PA'[JL � orm Coleman, Mayor City of Saint Paul 0 � 6 �� Director, Office of Financial Services, City of Saint Paul A d as to form: 'O r As stant ity Attorne � r'unds aze available: O��i�INAL Presented By: Referred To: WHEREAS, the Mayor, pursuant to sec. 10.07.04 of the City of Saint Paul charter, does certify that there are available for appropriation $27, 146 in funds in excess of those estimated in the 2000 budget : �3- W HEREAS, the Department of TMS has provided significant services to Ramsey County in implementing the directives to merge ftamsey County and the City of Saint Paul Workforce Development programs , and s W HEREAS, Ramsey County has entered into a contract to reimburse the City for the time required by the Direcior of TMS at an s hourly rate as documented by that director, and � s s WHEREAS, the Mayor and Council must approve the contract between the Ciiy and the County as attached, and �o iz WHEREAS, there must be a budget approved to account for that activity , and 13 14 is is n is is 20 zi � 23 za zs 2s z� 26 zs 37 32 33 34 35 36 37 � 39 40 47 � FINANCING PLAN: Department of Technology and Management Services Division Director GL 165 31166 4526 Services to Ramsey County GL 165 3� 166 all other Current Budget 0 0 0 Committee: Date Change 27,241 0 27 241 SPENDING PLAN: Department of Technology and Management Services Division Director GL 165 31166 0219 paymentto consultant 0 27,241 All Other activity Spending 0 0 0 27 241 RESOLVED, that the City Cauncil approves the contract between the Clty and Ramsey County, and BE IT FURTHER RESOLVED, thaY the City Council approves ihese changes to ihe 2000 budget. Requested by Department of: Financial Services Office By: Amended Budget 27,241 0 27.241 27,241 0 27,241 Approval m e y B et irector: By: AdopUnn Certifiad hv Cnunr.il Ser.re}arv[ By: Appro By: RESOLUTION OF SAINT PAUL, MINNESOTA Form rov by City Attorney: � \ �rove by Mayor for Submi sion to Council: . �� semev ieuegeiotrce�n:�wzavesoiw�cnnmanes.wica7 iommo Council File # QO + ��S Green Sheet# 103136 AdoptedbyCouncil:Date (��,� �� ac�o ��— DEPARThIDTAVFtlCECOUNCLL DA'IEQiITGTED F;��;�s�;�ort 10-27-00 GREEN SHEET NO. 103136 Oo -\\SS COMACTPhR.WNAPHONE Q DPPARI'AffiTLDLLtEd'OR Od CTfYCO11NCd TomCran, 266-8547 � �'+ATro� ,�j �TM�� MUSTHEONWUNm.AGQ�IDABY(DA'[E) Ol SFROFF.D02 // � �`�OFF.A ('/�� O MAYOR(OAASS6T O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ONREQUFSIID Approve new budget financing and appropriation for charges for service of the Director of TMS x[cota.�nvnnorvs n�.W«w)trayaRp PERSONAL SIILVICE CONPRACIS MOST ANSR'ER 7'HE FOLLOWING QUFSIYONS: �rvuvccosanss`on _rnasmv��cosv.vsvo� I.HastLispersouffi`meverworkedunderawnrtactfordtisdepanmeuf! _pe ��ig YFS NO Asr,� _ 2.HasdvspusoNCumevabeenaciryemployee? ��s�wcrcowrr _ YES NO sweokts wwcxcomvmo�cnvEa 3. Does tltis person/Gim possess a s6ill mt nolmallyposses.uA by auy cu�rentcity employee? YES NO (Explain aLL yec answecs on uParate sLeetand attach to green sheeL) Plfllh'RNG P&OBLEM ISSIg.OPPoRT11N1]YlR'M. WN4 Q'M4 Whaq W The D'uector of TMS performed services for Ramsey County on the Wor}�'orce consolidationincluding services as the transition manager and negotiated reimbursement to cecover expenses u a fixed dollaz pez hour. The contract is cqmplete and ffiis resoluaon establishes the activity wittun fund 165 whece the revenue and e�cpenses can be captured. ADVAMAGE$@ApPROV� The convact with Raznsey County can be bIDed and recovery budgeted. DISADVANiAGESQ�'APPROVID Noue DISNDVAM'AGPSOPNO'CAPPROVFD ��. " X � TheCitycannotbecompensatedforiPssubcontracteffort. ��;��, �� .� .-, .= 2�fl� N�� 2 2 ��u� x��;� � � �9TY R�,TT�RNE`� LOTALAMOiMI'OPTNANSACLION 272t11 -� -- cosr�ev�vusswc�rentc�cf.eo� ves xo F„�ro��so�� 2000 bud�et A�r�ER GL - 165 - 31166 - 4326 ' Ev+nHanc v.¢oamwnorv� �uw� Sei�rtPeul �'+-n-ss Resolution Db -�\SS Board of Ramsey County Commissioners Presented By Commissioner Wiessner Date Attention: Budgetinq and Accounting Job Training Connie Peikert, Policy & Planning 9, Page 1 of 2 2000 No. 2000-159 WHEREAS, Ramsey County and the City of Saint Paui have entered into a Joint Powers Agreement for the consolidation of the County Job Training Department, the County MFIP-Employ"ment Services Program, and the City Workforce Development Program; and WHEREAS, Pursuant to the terms of the Joint Powers Agreement, the County Manager or his designee will manage the transition activities in accordance with the terms of the Joint Powers Agreement; and WHEREAS, The County wishes to purchase services from the City to assisf the County Manager in the performance of the transition activities; and WHEREAS, The City agrees to make the City's Director of Management and Technology available to provide services to assist the County Manager in the performance of the transition activities; and WHEREAS, An agreement has been negotiated that sets forth the understanding of the Gounty and City regarding the purchase of these services; Now, Therefore, Be ft RESOLVED; The Ramsey Gounty Board of Commissioners app�oves the Purchase of Service Agreement between Ramsey County and the City of Saint Paui: and Be It Further RESOLVED; The Ramsey County Board of Commissioners authorizes the Chair and Chief Clerk to sign the Agreement; and Be It Further i2AMSEY COUNTY BOARD OF COMMISS[ONERS YEA NAY OTHER 'Iony Bennet[ Dino Guerin Sue Haigh 2afael Ortega Victoria Reinhardt Janice Rethnan J�n Wiessnar RaCael E. Ortega, Chair � (Continued) Bonnie C. 7ackelen _ Chief Clerk - County E3oard .e Resolution Board of Ramsey County Commissioners ao -�\SS Presented By Commissioner Wiessner Date MaY 9. 2000 No. Z000 Attention: Budgeting and Accounting Job Training Pa e 2 of 2 Connie Peikert, Policy and Planning 9 RESOLVED, The Ramsey County Manager is authorized to make a budget adjustment to fund this agreement by transferring $27,241 FROM 400101 471104 TO 210101 421522 Contingency for Innovative Programs County Manager Other Professional Services 2AMSEY COUNTY BOARD OF COMMISSIONERS YEA NAY OTHER Tony Bennett X Dino Guerin X �ue Haigh X RnfaelOrtega X Victoria Reinhardt X Janice Rettman X Ian Wiessnrr _$_ __ Rafaei E. Ortega, Chair By /cJh-t(,�tQ �C,GtLr.�'S �G�rtA � �— Bonnie C. lackelzn Cliief Clcrk - Counry Board 60 -\�SS PURCHASE OF S�RVICE AGREENIEN'T BETWEEN RANISEY COiT`NTY AND TH� CTTY OF SAINT PAUL This Asreement is bericeen Ramsey County, throueh the Ramsey County Vlanaser. ("County") and tlie Ciry of Saint Paul, through the Office of Mana?ement and Technolosy, ("City"). WHEREAS, County and City have entered into a Joint Powers A,reement for the consolidation of tlie Counry Job Trainin� Program and the City Job Trainin� Program; and WHEREAS, pursuant to the terms of the Joint Powers A�reement, the County Manager or his designee will manase transition activities in accordance with the terms of the Joint Powers Aereement; azid � WHEREAS, the County wishes to purchase services from the City to assist the County Ivlanager in tlie performance of the transition activities; and WHEREAS, the City a�rees to make the City's Director of Mana�ement and Teclinology available to provide services to assist the County Manager in the gerformance of the transition activities; and WHEREAS, this Agreement sets forth the tmderstanding of the County and the City regarding the purchase by flie County of these Ciry services; I. SCOPE OF SERVICES A. The City, throuah Peter Hames, the Director of Management and Technolo�y for the City of Saint Paul, will provide those coordination and oversiaht services as the County Mana�er may request in relation to the mana�ement by the County Mana�er of a11 transition activities under the Joint Powers Aareement for the Consolidated Ramsey County-City of Saint Paul Workforce Investment Program dated March 16, 2000 ("Consolidation JPA"). Should Peter Hames become unavailable to provide these seruices, the City shail immediately notify the County, and this Agreement shall automatically terminate, effective upon such unavailability. B. To the extent applicabie to the transition services to be performed by the City, the terms of the Consolidation JPA are incorporated herein and made a part of this agreement by reference. C. Services shall be provided, as requested by the County, up to a total of 612 hours, during the period of time from March l, 2000, throuoh September 30, 2000. / po -�\SS II. PAYMENT' A_ Total payments under this Aereement shatl not esceed $27,241. B. County will pay City for actual hours of services performed at the hourly rate of $44.51. , C. The City shall invoice the County no more than monthly. The County shall make payment within 35 days' of receipt of a detailed invoice showing the dates and hours of services. III. GENERAL TERMS AND CONDITIONS A. NON ASSIGNABILITY The City shall not assign any interest in this agreement and shall not transfer any interest in the same, �vhether by subcontract, assi�nment or novation, widlout tl�e prior written consent of the County. B. INDENINIFICATION City shall indemnify, hold harmless and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, includina attorney's fees, which the County, its officers or employees may hereafter sustain, incur or be required to pay, azising out of or by reason of any act or omission of Ciry, its agents or employees, in the execution, performance, or failure to adequately perform City's obligations pursuant to this Contract. C. ALTERATION Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writin� and duly si;ned by both parties. D. IND�P�NDENT CONTRACTOR It is agreed that nothing coatained in this Aoreement is intended or should be construed as creating the relationship of a�ents, partners, joint venturers, or associates bet�veen the parties hereto or as constituting City as the emp(oyee of the County for any purpose ar in any manner whatsoever. The City is an independent contractor and neither it, its employees, agents nor representatives are employees of the County. Prom any amounts due the City, there will be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any otUer purposes which are associated with an employer-employee relationship uniess required by law. Payment of federal income tax, FICA payments, and state income tax are the responsibility of tlie City. � 00 -1\SS E. INSURANCE Ciry shall purchase and maintain such insurance as will protect City from claims, demands or judgments which may arise out of, or result from, City's operations under the contract, whether such operations are by City or by any subcontractor, or by anyone directly employed by them, or by anyone for whose acts any one of them may be liable. City shall be certain that all subconuactors carry proper insurance coverages. 2. City shall secure the folloiving covera�es and comply wich alI provisions noted. Certificates of Insurance shall be issued evidencin� such covera�e to the County Risk Mana�er. � 2.1 Commercial General Liability Insurance $ 1,000,000 per occunence � 2,000,000 general aggregate $ 2,000,000 productslcompleted operations totallimiC $ I,000,000 personal injury and advertisin? liability $ 5,000 medical payment per person $ 100,000 fire legal 2.1.1 All policies are to be written as acceptable to the County's Risk Manager. Coverage must be written on an occurrence basis: Such covera�e must inciude the followin� with no internal sub-limits: premises and operation, products and completed operations, and independent contractors. Certificate of Insurance must indicate if the policy is issued pursuant to this required lanQuage. If coverage is carried on a claims-made basis, then: 1} the retroactive date shall be noted on the Certificate and shall be prior to or the day of the inception of this agreement with the County; and 2) evidence of this covera�e shall be provided for diree yeazs beyond expiration of this agreement. Covera�e sha11 include contractual liability covera�e either on a blanket or specific basis to cover this a�reement. Ramsey County, iis officials, employees, and a�ents, shail be listed as additional insured; a separation of insureds endorsement shall be provided to the benefit of the County. Coverage shall provide for deletion of the CCC exclusion or broad form property damaoes. 2.2 Automobile Insurance 2.21 Coverage shall be provided for hired, non-owned and owned auto. Coverage sha11 include tmderinsured and uninsured motorist per � 00-\�5� Minnesota State Statute. Covera�e shall include personal injury protection. Minimum lunits of: $1,000,000 combined sin�le limit. 2.3 Worker's Compensation and Employer's Liability 23.1 Worker's Compensation benefits shall be per Minnesota Statute. 23? Employer's Liabiliry shall be: $500,000!$SOO,QQQ/$SOO,Q00 2.33 Other States Coverage,'All States EndorsementJUniversal Coverage shail be included on the policy. 2.�} Professional Liabiliry Covera�e 2.4.1 Minimum Limit: $1,000,000 per claim 2.4? Aggregate Limit $2,000,000 This policy is to be written as acceptable to County's Risk Manager. Certificate of Insurance must indicate if the policy is issued on a claims-made or occurrence basis. If coverage is carried on a ciaims-made basis, then: 1) the retroactive date shall be noted on the Certificate and shall be prior to or the day of the inception of this agreement; and 2) evidence of coverage shail be provided for three years beyond expiration of this agreement. Ramsey Comity, its officials, employees, and agents, shall be listed as additional insured; a separation of insureds endorsement shall be provided to the benefit of the County. Contractual Liability coverage shall be provided whether on a blanket basis or specifically covering this a?reement. 3. Crime and Fidelity Bond: $ 4. License, as required. City shall provide copy of such license at the request of the County. Ail Certificates of Insurance shall provide that the insurance company gives the Ramsey County Risk Manager thirty (30) days prior written notice of cancellation, non-renewal and/or any materiat change in policy. 6. The above sub-paragraphs establish minimum insurance requirements, and it is the sole responsibility of City to purchase and maintain additional insurance that may be necessary in connection with this contract. 7, City sha11 not commence work until the City has obtained the required insurance and filed an acceptable Certificate of Insurance wittl the � 6 � -\\SS Cowlty's Risk Manaser. Copies of insurance policies shall be submitted to the County's Risk Manaaer upon request. 3. Nothing in this contract sha11 constitute a waiver by die County of any statutory limits or exceptions on liabiliry. 9. CeRificates shall specifically indicate if the poiicy is wrirten with an admitted or non-admitted carrier. Best's Ratin, for the insurer shall be noted on the Certificate, and shall not be less than an A+. 10. On the Certiticate, agent shall certify that the a�ency cazries Errors and Omissions coveraQe. 11. The timits for General, Auto and Professional Liability coverage w�ill increase automatically to reYlect the chanses in the Couniy's limits of liability under Minnesota Statutes Chapter 466. F. NON-CONFORMING SERVICES The acceptance by the Cowity of any non-confomvng services under the terms of this aoreement or the foregoin; by the County of any of the rights or remedies aiisin� under the terms of this a�reement shall not constitute a waiver of the Counry's ri�ht to confomiing services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this a�reement. Tlie rights and remedies of the County provided or referred to under the terms of this agreement are cumulative and not mutually exclusive. G. WASTE REDUCTION The City shall participate in a recyclin� proeram for at Ieast four broad types of recyctable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this contract shall be printed on both sides of the paper, where commonly accepted publishing practices a(low, on recycled and recyclable paper usin� soy- based inks, and shall be bound in a manner that does not use glue. H. S�TOFF Notwithstanding any provision of this A�reement to the contrary, the City shall not be relieved of liability to the County for dama�es sustained by the County by virtue of any breach of this Agreement by the City. The County may withhold any payment to the City for the purpose of setoff until such time as the exact amount of dama�es due the County from the City is determined. � � o -1� SS I. EQUAL ENiPLOYM�NT OPPORTUNITX The City a�rees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders per[aininQ to unlawful discrimination on accounc of race, color, creed, religion, national oriQin, sex_ marital status, status with regard to public assistance, se;cual preference, disability, or ase. When required by la�v or requested by the Counry, the City shall fumish a written affirmative action plan. J. PT2EVAILING WAGE All conttactors and subcontractors shall confonn to the labor laws of the State of Minnesota, and all other laws, ordinances, and legal requirements affecting the work in Ramsey County and Minnesota. The minimum wave rate per hour to be paid for each classification of work shall be the union wage rate in the locality of the project for diose classifications over which the unions have jurisdiction and the local prevailing rate for diose classifications of work in the localities over which the unions do not have jurisdiction. K. TERi�IINATTON A. With Cause - The County reserves the right to suspend or terminate this A� eement if the Ciry violates any of the terms or conditions of this Agreement or does not fulfill in a timely and proper mannec its obligations under this Agreement as deternuned by the County. In the evenc that the County exercises its right of suspension or termination under this Pazasraph, it shall submit written norice to the City, specifyinQ the extent of such suspension or termination under this Pazaa aph, the reasons therefore, and the date upon which such suspension or termination becomes effective. Upon receipt of such notice, the City sha11 take all actions necessary to discontinue further commitments of funds to the extent that they relate to the suspended or terminated portions of this Agreement. $. Without Cause - The County may terminate t1�is Agreemeut without cause and for any reason whatsoever upon givin� at least thirty (30) days written notice thereof to the other party. In such event, the City shall be entitled to receive compensation for ttie services provided in a satisfactory manner up to and includina the effective date of termination. L. COMPLIANC� WITH APPLICABL� LAW The City a�rees to comply with all Eederal, state and local laws or ordinances, and ail applicable niles reg�dations, and standards established by any agency of such � 00 -\\5S govemmental units, which aze no�v or hereafter promulgated insofar as they retate to the City's performance of the provisions of this A?reement. It shall be the obligation of the City to apply for, pay for and obtain all permits and/or licenses required by any �overnmental aRency for the provision of those services contemplated herein. NI. ACCESS TO DOCUViENTS Until the expiration of six (6) years after the fiunishin� of services pursuant to this Aareement, the City, upon written request, shall make available to the County, the State auditor or the County's ultimate fundin� sources, a copy of this Agreement and the books, documents, records and accountin� procedures and practices of the Ciry relating to this agreement. N. DATA PRACTICES All data collected, created, received, maintained or disseminated for any purpose in the course of City's performance of this Agreement is �ovemed by the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes. as well as federal statutes and regulations on data privacy. O. CONFLICT OF INTEI2EST The City affirms that, to the best of City's knowledQe, City's involvement in this contract does not result in a conflict of interest with any pam or entity which may be affected by the terms of this contract. The City a�rees that, should any conflict or potential conflict of interest become known to City, City will immediately notify the County of the conflict or potential conflict, specifying the part of this contract givinQ rise to die conflict or potential conflict, and will advise the County whether City will or will not resign from the other engagement or representation. P. WORKPLACE VIOLENC� PREV�NTION The City shall make all reasonable efforts to ensure that City's employees, officials and subcontractors do not en�age in violence while performin� under this contract. Violence, as defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any action involving the use of physical force, hlrassment, intimidation, disrespect, or misuse of power and authority, where the impact is to cause pain, fear or injury. Q. WORKFORC� llIVERSITY City sha(I make aood faith efforts diroughout the term of tl�is Contract, and any extensions thereof, to employ persons of color for.ail dassifications of worl: 7 bo-�\ss under this Contract, and shall, when requested by County, submit a written report to the County regazdin� the effarts and results of such efforts, includin� employment by job classification. R. SUBCONTRACTOR PAYMENT' Prime contractors shall pay any subcontractor within ten days of the psime City's receipt of payment from the County for undisputed services provided by the subcontractor. The prime City shall pay interest of 1 1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on tiine to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the prime City shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penaities from a prime City must be awazded its costs and disbursements, includinv attomey's fees, incurred in brinaing the action. S. INTERPRETATION OF AGREEMENT; VENUE This ARreement shall be interpreted and construed accordinQ to the laws of the State of Minnesota. All litigation regazdinQ this agreement shall be venued in the appropriate state or federal district court in Ramsey County, Minnesota. T. Y2K Warranty City warrants that: 1) all hazdwaze and software to be provided, developed, or used to meet the requirements of the contract before, during and after the tum of the century, aze free and clear of Year 2000 defects and will not experience abnormal ending andior produce invalid or incorrect results in the operation of the business of the County; 2) all date fields shall recognize the date with the correct century, calculate same century and multi-century formulas and data values and interface values regarding the century; and 3) in the event of any recognition, calculation, or indication of century problems related to the Year 2000, Vendor will make all code adjustments necessary in a timely fashion, at no cost to the County, to ensure that the code and databases are Year 2000 compliant. For putposes of the Y2TC warranty, the followine terms shall have the indicated meanings: "Yeaz 2000 compliant" means able to accurately process and store date data and to perform such operations without interruption. "Accurately process date data" means calculating, including leap years; comparing; and sequencing, regardless of �vhether tied to any CPU or system ciocks. !7 00 _��ss U "Accurately store date data" means no date "windowing" techniques, interact correcdy and with any outside system regardless of how that outside system deals with Yeaz 2000 issues; two-digit date format storage is unacceptahle. "Operates without interruption" means will operate continuously and without any interruption in the time period immediately before and after any imown or suspected industry-wide year 2000 critical dates (January 1, 2000; and February 29, 2000). ENTIRE AGREEIVIENT This Agreement shall constitute the entire Agreement betw�een the parties and shall supersede all prior oral or written negotiations. WHEREAS, the parties have executed this A�reement this day of , 2000. RAMSEY COi3NTY � � v�� Ja Ld'zessner,.�lica C7eair S�9/DU sey County Board of Commissioners �ti� �L�� Bobbie 6rancer, Acting Chie£ Clerk Ramsey County Board of Commissioners aoo�' -�Sy 2ooa - li�o �- foa /ol- 97i iD4 Acc unt I3umber s/o z o Budgeting and ccounting Insurance approved: d� ��-�. Risk Manager S �� m C OF S�T PA'[JL � orm Coleman, Mayor City of Saint Paul 0 � 6 �� Director, Office of Financial Services, City of Saint Paul A d as to form: 'O r As stant ity Attorne � r'unds aze available: O��i�INAL Presented By: Referred To: WHEREAS, the Mayor, pursuant to sec. 10.07.04 of the City of Saint Paul charter, does certify that there are available for appropriation $27, 146 in funds in excess of those estimated in the 2000 budget : �3- W HEREAS, the Department of TMS has provided significant services to Ramsey County in implementing the directives to merge ftamsey County and the City of Saint Paul Workforce Development programs , and s W HEREAS, Ramsey County has entered into a contract to reimburse the City for the time required by the Direcior of TMS at an s hourly rate as documented by that director, and � s s WHEREAS, the Mayor and Council must approve the contract between the Ciiy and the County as attached, and �o iz WHEREAS, there must be a budget approved to account for that activity , and 13 14 is is n is is 20 zi � 23 za zs 2s z� 26 zs 37 32 33 34 35 36 37 � 39 40 47 � FINANCING PLAN: Department of Technology and Management Services Division Director GL 165 31166 4526 Services to Ramsey County GL 165 3� 166 all other Current Budget 0 0 0 Committee: Date Change 27,241 0 27 241 SPENDING PLAN: Department of Technology and Management Services Division Director GL 165 31166 0219 paymentto consultant 0 27,241 All Other activity Spending 0 0 0 27 241 RESOLVED, that the City Cauncil approves the contract between the Clty and Ramsey County, and BE IT FURTHER RESOLVED, thaY the City Council approves ihese changes to ihe 2000 budget. Requested by Department of: Financial Services Office By: Amended Budget 27,241 0 27.241 27,241 0 27,241 Approval m e y B et irector: By: AdopUnn Certifiad hv Cnunr.il Ser.re}arv[ By: Appro By: RESOLUTION OF SAINT PAUL, MINNESOTA Form rov by City Attorney: � \ �rove by Mayor for Submi sion to Council: . �� semev ieuegeiotrce�n:�wzavesoiw�cnnmanes.wica7 iommo Council File # QO + ��S Green Sheet# 103136 AdoptedbyCouncil:Date (��,� �� ac�o ��— DEPARThIDTAVFtlCECOUNCLL DA'IEQiITGTED F;��;�s�;�ort 10-27-00 GREEN SHEET NO. 103136 Oo -\\SS COMACTPhR.WNAPHONE Q DPPARI'AffiTLDLLtEd'OR Od CTfYCO11NCd TomCran, 266-8547 � �'+ATro� ,�j �TM�� MUSTHEONWUNm.AGQ�IDABY(DA'[E) Ol SFROFF.D02 // � �`�OFF.A ('/�� O MAYOR(OAASS6T O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ONREQUFSIID Approve new budget financing and appropriation for charges for service of the Director of TMS x[cota.�nvnnorvs n�.W«w)trayaRp PERSONAL SIILVICE CONPRACIS MOST ANSR'ER 7'HE FOLLOWING QUFSIYONS: �rvuvccosanss`on _rnasmv��cosv.vsvo� I.HastLispersouffi`meverworkedunderawnrtactfordtisdepanmeuf! _pe ��ig YFS NO Asr,� _ 2.HasdvspusoNCumevabeenaciryemployee? ��s�wcrcowrr _ YES NO sweokts wwcxcomvmo�cnvEa 3. Does tltis person/Gim possess a s6ill mt nolmallyposses.uA by auy cu�rentcity employee? YES NO (Explain aLL yec answecs on uParate sLeetand attach to green sheeL) Plfllh'RNG P&OBLEM ISSIg.OPPoRT11N1]YlR'M. WN4 Q'M4 Whaq W The D'uector of TMS performed services for Ramsey County on the Wor}�'orce consolidationincluding services as the transition manager and negotiated reimbursement to cecover expenses u a fixed dollaz pez hour. The contract is cqmplete and ffiis resoluaon establishes the activity wittun fund 165 whece the revenue and e�cpenses can be captured. ADVAMAGE$@ApPROV� The convact with Raznsey County can be bIDed and recovery budgeted. DISADVANiAGESQ�'APPROVID Noue DISNDVAM'AGPSOPNO'CAPPROVFD ��. " X � TheCitycannotbecompensatedforiPssubcontracteffort. ��;��, �� .� .-, .= 2�fl� N�� 2 2 ��u� x��;� � � �9TY R�,TT�RNE`� LOTALAMOiMI'OPTNANSACLION 272t11 -� -- cosr�ev�vusswc�rentc�cf.eo� ves xo F„�ro��so�� 2000 bud�et A�r�ER GL - 165 - 31166 - 4326 ' Ev+nHanc v.¢oamwnorv� �uw� Sei�rtPeul �'+-n-ss Resolution Db -�\SS Board of Ramsey County Commissioners Presented By Commissioner Wiessner Date Attention: Budgetinq and Accounting Job Training Connie Peikert, Policy & Planning 9, Page 1 of 2 2000 No. 2000-159 WHEREAS, Ramsey County and the City of Saint Paui have entered into a Joint Powers Agreement for the consolidation of the County Job Training Department, the County MFIP-Employ"ment Services Program, and the City Workforce Development Program; and WHEREAS, Pursuant to the terms of the Joint Powers Agreement, the County Manager or his designee will manage the transition activities in accordance with the terms of the Joint Powers Agreement; and WHEREAS, The County wishes to purchase services from the City to assisf the County Manager in the performance of the transition activities; and WHEREAS, The City agrees to make the City's Director of Management and Technology available to provide services to assist the County Manager in the performance of the transition activities; and WHEREAS, An agreement has been negotiated that sets forth the understanding of the Gounty and City regarding the purchase of these services; Now, Therefore, Be ft RESOLVED; The Ramsey Gounty Board of Commissioners app�oves the Purchase of Service Agreement between Ramsey County and the City of Saint Paui: and Be It Further RESOLVED; The Ramsey County Board of Commissioners authorizes the Chair and Chief Clerk to sign the Agreement; and Be It Further i2AMSEY COUNTY BOARD OF COMMISS[ONERS YEA NAY OTHER 'Iony Bennet[ Dino Guerin Sue Haigh 2afael Ortega Victoria Reinhardt Janice Rethnan J�n Wiessnar RaCael E. Ortega, Chair � (Continued) Bonnie C. 7ackelen _ Chief Clerk - County E3oard .e Resolution Board of Ramsey County Commissioners ao -�\SS Presented By Commissioner Wiessner Date MaY 9. 2000 No. Z000 Attention: Budgeting and Accounting Job Training Pa e 2 of 2 Connie Peikert, Policy and Planning 9 RESOLVED, The Ramsey County Manager is authorized to make a budget adjustment to fund this agreement by transferring $27,241 FROM 400101 471104 TO 210101 421522 Contingency for Innovative Programs County Manager Other Professional Services 2AMSEY COUNTY BOARD OF COMMISSIONERS YEA NAY OTHER Tony Bennett X Dino Guerin X �ue Haigh X RnfaelOrtega X Victoria Reinhardt X Janice Rettman X Ian Wiessnrr _$_ __ Rafaei E. Ortega, Chair By /cJh-t(,�tQ �C,GtLr.�'S �G�rtA � �— Bonnie C. lackelzn Cliief Clcrk - Counry Board 60 -\�SS PURCHASE OF S�RVICE AGREENIEN'T BETWEEN RANISEY COiT`NTY AND TH� CTTY OF SAINT PAUL This Asreement is bericeen Ramsey County, throueh the Ramsey County Vlanaser. ("County") and tlie Ciry of Saint Paul, through the Office of Mana?ement and Technolosy, ("City"). WHEREAS, County and City have entered into a Joint Powers A,reement for the consolidation of tlie Counry Job Trainin� Program and the City Job Trainin� Program; and WHEREAS, pursuant to the terms of the Joint Powers A�reement, the County Manager or his designee will manase transition activities in accordance with the terms of the Joint Powers Aereement; azid � WHEREAS, the County wishes to purchase services from the City to assist the County Ivlanager in tlie performance of the transition activities; and WHEREAS, the City a�rees to make the City's Director of Mana�ement and Teclinology available to provide services to assist the County Manager in the gerformance of the transition activities; and WHEREAS, this Agreement sets forth the tmderstanding of the County and the City regarding the purchase by flie County of these Ciry services; I. SCOPE OF SERVICES A. The City, throuah Peter Hames, the Director of Management and Technolo�y for the City of Saint Paul, will provide those coordination and oversiaht services as the County Mana�er may request in relation to the mana�ement by the County Mana�er of a11 transition activities under the Joint Powers Aareement for the Consolidated Ramsey County-City of Saint Paul Workforce Investment Program dated March 16, 2000 ("Consolidation JPA"). Should Peter Hames become unavailable to provide these seruices, the City shail immediately notify the County, and this Agreement shall automatically terminate, effective upon such unavailability. B. To the extent applicabie to the transition services to be performed by the City, the terms of the Consolidation JPA are incorporated herein and made a part of this agreement by reference. C. Services shall be provided, as requested by the County, up to a total of 612 hours, during the period of time from March l, 2000, throuoh September 30, 2000. / po -�\SS II. PAYMENT' A_ Total payments under this Aereement shatl not esceed $27,241. B. County will pay City for actual hours of services performed at the hourly rate of $44.51. , C. The City shall invoice the County no more than monthly. The County shall make payment within 35 days' of receipt of a detailed invoice showing the dates and hours of services. III. GENERAL TERMS AND CONDITIONS A. NON ASSIGNABILITY The City shall not assign any interest in this agreement and shall not transfer any interest in the same, �vhether by subcontract, assi�nment or novation, widlout tl�e prior written consent of the County. B. INDENINIFICATION City shall indemnify, hold harmless and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, includina attorney's fees, which the County, its officers or employees may hereafter sustain, incur or be required to pay, azising out of or by reason of any act or omission of Ciry, its agents or employees, in the execution, performance, or failure to adequately perform City's obligations pursuant to this Contract. C. ALTERATION Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writin� and duly si;ned by both parties. D. IND�P�NDENT CONTRACTOR It is agreed that nothing coatained in this Aoreement is intended or should be construed as creating the relationship of a�ents, partners, joint venturers, or associates bet�veen the parties hereto or as constituting City as the emp(oyee of the County for any purpose ar in any manner whatsoever. The City is an independent contractor and neither it, its employees, agents nor representatives are employees of the County. Prom any amounts due the City, there will be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any otUer purposes which are associated with an employer-employee relationship uniess required by law. Payment of federal income tax, FICA payments, and state income tax are the responsibility of tlie City. � 00 -1\SS E. INSURANCE Ciry shall purchase and maintain such insurance as will protect City from claims, demands or judgments which may arise out of, or result from, City's operations under the contract, whether such operations are by City or by any subcontractor, or by anyone directly employed by them, or by anyone for whose acts any one of them may be liable. City shall be certain that all subconuactors carry proper insurance coverages. 2. City shall secure the folloiving covera�es and comply wich alI provisions noted. Certificates of Insurance shall be issued evidencin� such covera�e to the County Risk Mana�er. � 2.1 Commercial General Liability Insurance $ 1,000,000 per occunence � 2,000,000 general aggregate $ 2,000,000 productslcompleted operations totallimiC $ I,000,000 personal injury and advertisin? liability $ 5,000 medical payment per person $ 100,000 fire legal 2.1.1 All policies are to be written as acceptable to the County's Risk Manager. Coverage must be written on an occurrence basis: Such covera�e must inciude the followin� with no internal sub-limits: premises and operation, products and completed operations, and independent contractors. Certificate of Insurance must indicate if the policy is issued pursuant to this required lanQuage. If coverage is carried on a claims-made basis, then: 1} the retroactive date shall be noted on the Certificate and shall be prior to or the day of the inception of this agreement with the County; and 2) evidence of this covera�e shall be provided for diree yeazs beyond expiration of this agreement. Covera�e sha11 include contractual liability covera�e either on a blanket or specific basis to cover this a�reement. Ramsey County, iis officials, employees, and a�ents, shail be listed as additional insured; a separation of insureds endorsement shall be provided to the benefit of the County. Coverage shall provide for deletion of the CCC exclusion or broad form property damaoes. 2.2 Automobile Insurance 2.21 Coverage shall be provided for hired, non-owned and owned auto. Coverage sha11 include tmderinsured and uninsured motorist per � 00-\�5� Minnesota State Statute. Covera�e shall include personal injury protection. Minimum lunits of: $1,000,000 combined sin�le limit. 2.3 Worker's Compensation and Employer's Liability 23.1 Worker's Compensation benefits shall be per Minnesota Statute. 23? Employer's Liabiliry shall be: $500,000!$SOO,QQQ/$SOO,Q00 2.33 Other States Coverage,'All States EndorsementJUniversal Coverage shail be included on the policy. 2.�} Professional Liabiliry Covera�e 2.4.1 Minimum Limit: $1,000,000 per claim 2.4? Aggregate Limit $2,000,000 This policy is to be written as acceptable to County's Risk Manager. Certificate of Insurance must indicate if the policy is issued on a claims-made or occurrence basis. If coverage is carried on a ciaims-made basis, then: 1) the retroactive date shall be noted on the Certificate and shall be prior to or the day of the inception of this agreement; and 2) evidence of coverage shail be provided for three years beyond expiration of this agreement. Ramsey Comity, its officials, employees, and agents, shall be listed as additional insured; a separation of insureds endorsement shall be provided to the benefit of the County. Contractual Liability coverage shall be provided whether on a blanket basis or specifically covering this a?reement. 3. Crime and Fidelity Bond: $ 4. License, as required. City shall provide copy of such license at the request of the County. Ail Certificates of Insurance shall provide that the insurance company gives the Ramsey County Risk Manager thirty (30) days prior written notice of cancellation, non-renewal and/or any materiat change in policy. 6. The above sub-paragraphs establish minimum insurance requirements, and it is the sole responsibility of City to purchase and maintain additional insurance that may be necessary in connection with this contract. 7, City sha11 not commence work until the City has obtained the required insurance and filed an acceptable Certificate of Insurance wittl the � 6 � -\\SS Cowlty's Risk Manaser. Copies of insurance policies shall be submitted to the County's Risk Manaaer upon request. 3. Nothing in this contract sha11 constitute a waiver by die County of any statutory limits or exceptions on liabiliry. 9. CeRificates shall specifically indicate if the poiicy is wrirten with an admitted or non-admitted carrier. Best's Ratin, for the insurer shall be noted on the Certificate, and shall not be less than an A+. 10. On the Certiticate, agent shall certify that the a�ency cazries Errors and Omissions coveraQe. 11. The timits for General, Auto and Professional Liability coverage w�ill increase automatically to reYlect the chanses in the Couniy's limits of liability under Minnesota Statutes Chapter 466. F. NON-CONFORMING SERVICES The acceptance by the Cowity of any non-confomvng services under the terms of this aoreement or the foregoin; by the County of any of the rights or remedies aiisin� under the terms of this a�reement shall not constitute a waiver of the Counry's ri�ht to confomiing services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this a�reement. Tlie rights and remedies of the County provided or referred to under the terms of this agreement are cumulative and not mutually exclusive. G. WASTE REDUCTION The City shall participate in a recyclin� proeram for at Ieast four broad types of recyctable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this contract shall be printed on both sides of the paper, where commonly accepted publishing practices a(low, on recycled and recyclable paper usin� soy- based inks, and shall be bound in a manner that does not use glue. H. S�TOFF Notwithstanding any provision of this A�reement to the contrary, the City shall not be relieved of liability to the County for dama�es sustained by the County by virtue of any breach of this Agreement by the City. The County may withhold any payment to the City for the purpose of setoff until such time as the exact amount of dama�es due the County from the City is determined. � � o -1� SS I. EQUAL ENiPLOYM�NT OPPORTUNITX The City a�rees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders per[aininQ to unlawful discrimination on accounc of race, color, creed, religion, national oriQin, sex_ marital status, status with regard to public assistance, se;cual preference, disability, or ase. When required by la�v or requested by the Counry, the City shall fumish a written affirmative action plan. J. PT2EVAILING WAGE All conttactors and subcontractors shall confonn to the labor laws of the State of Minnesota, and all other laws, ordinances, and legal requirements affecting the work in Ramsey County and Minnesota. The minimum wave rate per hour to be paid for each classification of work shall be the union wage rate in the locality of the project for diose classifications over which the unions have jurisdiction and the local prevailing rate for diose classifications of work in the localities over which the unions do not have jurisdiction. K. TERi�IINATTON A. With Cause - The County reserves the right to suspend or terminate this A� eement if the Ciry violates any of the terms or conditions of this Agreement or does not fulfill in a timely and proper mannec its obligations under this Agreement as deternuned by the County. In the evenc that the County exercises its right of suspension or termination under this Pazasraph, it shall submit written norice to the City, specifyinQ the extent of such suspension or termination under this Pazaa aph, the reasons therefore, and the date upon which such suspension or termination becomes effective. Upon receipt of such notice, the City sha11 take all actions necessary to discontinue further commitments of funds to the extent that they relate to the suspended or terminated portions of this Agreement. $. Without Cause - The County may terminate t1�is Agreemeut without cause and for any reason whatsoever upon givin� at least thirty (30) days written notice thereof to the other party. In such event, the City shall be entitled to receive compensation for ttie services provided in a satisfactory manner up to and includina the effective date of termination. L. COMPLIANC� WITH APPLICABL� LAW The City a�rees to comply with all Eederal, state and local laws or ordinances, and ail applicable niles reg�dations, and standards established by any agency of such � 00 -\\5S govemmental units, which aze no�v or hereafter promulgated insofar as they retate to the City's performance of the provisions of this A?reement. It shall be the obligation of the City to apply for, pay for and obtain all permits and/or licenses required by any �overnmental aRency for the provision of those services contemplated herein. NI. ACCESS TO DOCUViENTS Until the expiration of six (6) years after the fiunishin� of services pursuant to this Aareement, the City, upon written request, shall make available to the County, the State auditor or the County's ultimate fundin� sources, a copy of this Agreement and the books, documents, records and accountin� procedures and practices of the Ciry relating to this agreement. N. DATA PRACTICES All data collected, created, received, maintained or disseminated for any purpose in the course of City's performance of this Agreement is �ovemed by the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes. as well as federal statutes and regulations on data privacy. O. CONFLICT OF INTEI2EST The City affirms that, to the best of City's knowledQe, City's involvement in this contract does not result in a conflict of interest with any pam or entity which may be affected by the terms of this contract. The City a�rees that, should any conflict or potential conflict of interest become known to City, City will immediately notify the County of the conflict or potential conflict, specifying the part of this contract givinQ rise to die conflict or potential conflict, and will advise the County whether City will or will not resign from the other engagement or representation. P. WORKPLACE VIOLENC� PREV�NTION The City shall make all reasonable efforts to ensure that City's employees, officials and subcontractors do not en�age in violence while performin� under this contract. Violence, as defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any action involving the use of physical force, hlrassment, intimidation, disrespect, or misuse of power and authority, where the impact is to cause pain, fear or injury. Q. WORKFORC� llIVERSITY City sha(I make aood faith efforts diroughout the term of tl�is Contract, and any extensions thereof, to employ persons of color for.ail dassifications of worl: 7 bo-�\ss under this Contract, and shall, when requested by County, submit a written report to the County regazdin� the effarts and results of such efforts, includin� employment by job classification. R. SUBCONTRACTOR PAYMENT' Prime contractors shall pay any subcontractor within ten days of the psime City's receipt of payment from the County for undisputed services provided by the subcontractor. The prime City shall pay interest of 1 1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on tiine to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the prime City shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penaities from a prime City must be awazded its costs and disbursements, includinv attomey's fees, incurred in brinaing the action. S. INTERPRETATION OF AGREEMENT; VENUE This ARreement shall be interpreted and construed accordinQ to the laws of the State of Minnesota. All litigation regazdinQ this agreement shall be venued in the appropriate state or federal district court in Ramsey County, Minnesota. T. Y2K Warranty City warrants that: 1) all hazdwaze and software to be provided, developed, or used to meet the requirements of the contract before, during and after the tum of the century, aze free and clear of Year 2000 defects and will not experience abnormal ending andior produce invalid or incorrect results in the operation of the business of the County; 2) all date fields shall recognize the date with the correct century, calculate same century and multi-century formulas and data values and interface values regarding the century; and 3) in the event of any recognition, calculation, or indication of century problems related to the Year 2000, Vendor will make all code adjustments necessary in a timely fashion, at no cost to the County, to ensure that the code and databases are Year 2000 compliant. For putposes of the Y2TC warranty, the followine terms shall have the indicated meanings: "Yeaz 2000 compliant" means able to accurately process and store date data and to perform such operations without interruption. "Accurately process date data" means calculating, including leap years; comparing; and sequencing, regardless of �vhether tied to any CPU or system ciocks. !7 00 _��ss U "Accurately store date data" means no date "windowing" techniques, interact correcdy and with any outside system regardless of how that outside system deals with Yeaz 2000 issues; two-digit date format storage is unacceptahle. "Operates without interruption" means will operate continuously and without any interruption in the time period immediately before and after any imown or suspected industry-wide year 2000 critical dates (January 1, 2000; and February 29, 2000). ENTIRE AGREEIVIENT This Agreement shall constitute the entire Agreement betw�een the parties and shall supersede all prior oral or written negotiations. WHEREAS, the parties have executed this A�reement this day of , 2000. RAMSEY COi3NTY � � v�� Ja Ld'zessner,.�lica C7eair S�9/DU sey County Board of Commissioners �ti� �L�� Bobbie 6rancer, Acting Chie£ Clerk Ramsey County Board of Commissioners aoo�' -�Sy 2ooa - li�o �- foa /ol- 97i iD4 Acc unt I3umber s/o z o Budgeting and ccounting Insurance approved: d� ��-�. Risk Manager S �� m C OF S�T PA'[JL � orm Coleman, Mayor City of Saint Paul 0 � 6 �� Director, Office of Financial Services, City of Saint Paul A d as to form: 'O r As stant ity Attorne � r'unds aze available: