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276349 WH17E - CITV CLERK PINK - FINANCE G I TY O F SA I NT PA IT L Council {'�'���'�(�9 CANARV - DEPARTMENT J OLUE - MAVOR File NO. r�r Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the appropriate City officials are hereby authorized and directed to execute an Agreement with the Minnesota Department of Health whereby the City will perform ZEP blood analyses for the State for a period of eight months commencing February 1, 1981; the City to be paid a sum not to exceed $7,200 by the State for said services. Activity Code: 33239 Approved as to Funding: , /y���► � Robert W. Trudeau, Acting Director Finance and Management Services L� COUIVCILMEN Requested by Department of: Yeas Hi!nt Nays �e���,n � C mmunit $ervices Maddox In Favor McP•fiuhon � Showalter - __ Against Y Tedesco Wilsorf" FEB 1 a �98� For Approved by 'ty r y Adopted by Coun il: Date C Certified P •ed by ouncil Secreta y B ,-' � 61p y A�lavor: Dat �. 2 1981 Approve Mayor for Submi ion o Council By _ By ' � �st� F E 8 21 t9 81 � y r �6349 , OM O1: I2/Z975 Rev. : 9/8/76 EXPLANATION OF ADMINISTRATIVE ORDERS, RESOLIITIONS, AND ORDINANCES Date: J1�NUARY 2 7, 19 81 Ik���� � � ""' �_ �,, �;;:: Z -1981 � Tp: MAYOR GEORGE LATIMER ����NlApft�� Op�� � �C��� �WI�v .._ .. ,� �C•A ,�,� •�y �'t�' FR: THOMAS J. KELLEY 0�9,QT 0� 29 O RE: ATTACHED COUPdCIL RESOLUTION 9`9 F���F��,98� �`` . �F�r��ti�r S�c. 9ti�,Q 'QL�C� S ACTION 1'�EQUESTED: Signatures and approval of Council Resolution PtTRPOSE AND RATIONALE FOR TBI� ACTION: �3Co*� G�.�..P �.� Execution of an agreement betwe n Minnesota Department of Health and City to perform ZEP blood analyses fo� State for a period of 8 months commencing February l, 1981; in an amount not to exceed $7 ,200.� ATTAC:EMENTS: Council Resolution One copy of Aqreement ^ ,,;,, I >-.�J032-01 (ADMIN. 1051) � STATE OF Nil�v�:�JLSJTA �.����g � ORIGINAL CONTRACTUAL (non-state employee) SERVICES SUPPLEMENT/ . ' ❑ AMENDMENT CONSULTANT � PROFESSIONAL-TECHNICAL � PURCHASED � Trn.No. Account I.D. O�9anization F,V. Requisition No, Vendor Number Type Terms Source S.Act. Task 5.Task A40 Cost,Job or Client Code Amount Sufiix Object . `i $END TYPE OF TRANSACTION Entered by � A40 a Date Number � � � Date Number Entered by A44 A45 A46 THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota, acting through its Minnesota Department of Health (hereinafter STATE) and City of St. Paul, Division of Public Health address _555 Cedar Street, St. Paul, Minnesota Soc.Sec. or Fed. Iden. No. (hereinafter CONTRACTOR►,witnesseth that: WHEREAS,the STATE,pu�suant to Minnesota Statutes 144.05 ,Section�s) 144.09 (1974) is empowered to }��vide s rvi�a o p o A�t� main aina �nd imnrovP thP hPa1 th nf c-i i�Pna c�f Minnacnta ,and WHEREAS, the STATR ic th d Gignatpd ac�Pnry to admin;atr�r h Minn anta Mru nrn�ram� Tit]P V� Sn�i al SArr,i�r i}� At•}� anc3 (r.nni-i n�iar� nn F..h�hi} A �,atarhPA hpxP�'A ap� iTl �.'1-('tiP�}{ a WHEREAS,CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein, part hereof) • NOW,THEREFORE, it is agreed: ' 1. CONTRACTOR'S DUTIES (Attach additional page if necessary).CONTRACTOR,who is not a state employee,shall: a. Perform ZEP analysis on blood samples mailed to the CONTRACTOR from Approved EPS Program within one week of receipt of sample. These analyses shall not exceed a total of forty-eight hundred (4,800) samples per year. b. Within one week of com�leted analysis, mail laboratory reports of all non-elevated �,., ZEP results to the Approved. EPS Programs which submitted samples per l.a. , above. c. Mail a copy of the laboratory report re£erred to in l.b. , above, to the STATE within one week of completed analysis. d. Inform the STATE by telephone of- any samples with elevated ZEP results and provide the STATE with any information it requests concerning the sample within two days of completed analysis. e. Within one week of completed analysis, mail laboratory reports of elevated ZEP samples as cited in l.d. , above, to Approved EPS Programs with a copy to the STATE. II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materiats supplied by CONTRACTOR pu�suaFlt to this contract shall be paid by the STATE as follows: . , . '.. _ : . . , • .. : • , 1. Compen58tlOn—�hal l ha rnmi ntcri nt n i�ni t rnat nf �1 5f1 =ar aams�p ana ��PA anA 7A 1111 YC /1 '�Y / 7� '200 �O` � .._.__._ . . J . . Y�...��._.___�.........- .. __.. 2. Reimbursement for travel and subsistence expenses actually and necessarily incurred by CONTRACTOR perfor- mance of this contract in an amount not to exceed ______________________________________dollaf's ($---------------- );provided,that CONTRACTOR shaN-be-reimbu►zedfQrtrave�l�and s[Sbsi�te►�t5e�Xpenses ' in the same amount and manner as state officers and employees ar��reimbursed�pursuantto the'travel regulations promulgated by the Commissioner of Pe�sonnel.CONTRACTOR shall not be'�eim6ursed for iravel and subsistence expenses incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the STATE. --- ----— - -- - - - _ - �., ,- , , .. � ,. _ _ The total obligation of the STATE for all compensation and reimbursements to CONTRACTOR,shall.not exceed , Seventy-two hLndrprl---------------- aollars ($7,200.00---------�. _ r . B. Terms of Payment � � � 1. Payments shall be made by the STATE promptly after CONTRACTOR'S presentation of invoices for services pe�formed 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 followi�g schedule: Invoices shall be submitted quarterly specifying the unit cost per sample analyzed, the number of samples analyzed and the quarterly payment due to CONTRACTOR. Invoices shall be submitted every three months for the duration of the contract. 2. (When applicable) Payments are to be made from federal funds obtained by the STATE through Title V Of the Cnci al Snr��ri t� ACt Of l9'2S� 1Qf 7 �1lmnnrin�� (PUbI1C 18W('FR Ti tl a dK� ('ha=tAr TT� Part �S(1_1�Q . and amendments tliereto). If at any time such funds become unavailable, this contract shall be terminated im- mediately upon written notice of such fact by the STATE to CONTRACTOR. In the event of such termination, CONTRACTOR slinll be entitled tc payment,determination on a pro rata basis,for services satisfactorily performed. III. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant to this contract shall be performed to . the satisfaction of the STATE,as determined in the sole discretion of its authorized agent,and in accord with all applicable federal, siate and local laws, ordinances, rules and regulations. CONTRACTOR shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal,state or local law,ordinance,rule or regulation. IV. TERM OF CONTRACT.This contract shall be effective on �hr�,ar��,l, , 19 ��, or upon such date as it is executed as to encumbrance by the Commissioner ot Finance,whichever occurs later,and shall remain in effeci until October 1 , 19�_,or until all obligations set forth in this contract have been satisfactorily fulfilled,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 CON;:1"RACTOR shall be entitled to payment,determined on a pro rata basis,for work or services satisfactority performed. VI. STATE'S AUTHORIZED AGENT. The STATE'S authorized agent for the purposes of administration of this contract is ' Ronald G. Campbell, M D" ChiQf Section of Maternal and Child Health Such agent shall have final authority for acceFtance of CONTRACTOR'S services and if such services are accepted as satisfactory,shall so certify on each invoice submitted pursuant to Clause I1,paragraph B. Vlt. ASSIGNMENT. CONTRACTOR shall neither assign nor transfer any rights or obligations under this contract without the prior written consent of the STATE. Vltl. AMENDMENTS.Any amendments to this contract shall be in writing. IX. LIABILITY. CONTRACTOR agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims or causes of aciion arising from the performance of this contract by CONTRACTOR or CONTRACTOR'S ' agents or employees. This clause shall not be construed to bar any legal remedies CONTRACTOR may have for the STATE'S failure to fulfill its obligations pursuant to this contract. . X. STATE AUDITS. The books, records, documents, and accounting procedures, and practices of the consultant relevant to this contract shall be subject to examination by the contracting department and the legislative auditor. XI. OWNERSHIP OF DOCUMENTS. Any reports, studies, photographs, negatives, or other documents prepared by CON- TRACTOR in the performance of its obligations unde� this contract shall be the exclusive property of the STATE and all such materials shall be remitted to the STATE by CONTRACTOR upon completion, termination or cancellation of this contract. CONTRACTOR shall not use,willingly allow or cause to have such materials used for any purpose other than performance of CONTRACTOR'S obligations under this contract without the prior written consent of the STATE. XII. OTHER PROVISIONS. (Attach additional page if necessary): �-�' . . Definitions: � A. Approved EPS Program - An organized soreening service which has been approved by the MDH which offers regularly-scheduled comprehensive screening for children and young adults, 0 - 2T years of age, in keeping with the program components out- . lined in the Rule 7 MCAR I.174-1.179 and 5 MCAR 1.0722-1.0725, and all those Women, . Infants, and Children (WIC) programs which choose to participate in the Minnesota Department of Health Lead Study. _ - . B. Non-elevated ZEP Results - ZEP results that are less than forty micrograms per 100 milliliters ( 40 u g/100 ml.) . C. Elevated ZEP Results - ZEP results that are greater than forty micrograms per 100 milliliters (�40 µg/100 ml.) . IN WITNESS WHEREOF,the parties have caused this contract to be duly executed intending to be bound thereby. Funding code 33239 - As to form and execution by the � QCONTRACTOR: City of Saint Paul OATTORNEYGENERAL: By: ._ . . _ . _ . - - � Mayor By� Date: By' ` . - _ ' . - � Director, Department o Finance and �/lanageme�t $ervices COMMISSIONER OF ADMINISTRATION: .�B�• OBY� Authorized Signature p� Director, Deportment o Community $ervices Date: Appr c�s fo • _ , BY• O5 COMMISSIONER OF FINANCE: F � � . • � . . ' - . . . . .... ' . .-. . ., � ' - . . �. . _ ENCUMBERfD . O STATE AGENCY OR DEPA MENT: DEPARTMENT OF FINANCE By: ' BY�. _.- : Title: Date: � White — Original-Finance Dept. Date: Canary — CONTRACTOR , . B/ue — Agency�cctg. Uni[ Salmon — OEPT. OF ADM/N. Pink — Ayency Suspense Copy Green — Work Copy