96-1553 - � �� � � � � Council File #�����
f � r-� � �� ` �"; � � � ���'�`l �
, ° ` ` ` t ` �` � — Green Sheet # �U��s�
RESOLUTION
CITY OF SAINT PALTL, MINNESOTA 19
� � ��w�
Presented By \ '�` �G -
Referred To Committee: Date
1
a RESOLVED, that the pro r City officials are hereby authorized and directed
s to execute a Joint Powers Agreement, that provides for the purchase of various
4 public health services, with the County of Ramsey.
FURTHER BE IT RESOLVED, that all tax levy savings recognized in this joint powers
5 a reement b the Cit will be for future tax relief durin the remainin four(4) year
eriod of time o �he 'oint ow rs r eme t; an is reso u �on w e a ac e o the
6 copy o n e an o recor
� of Finance and Management Services
8 joint powers agreement to express
9
the intent of the City Cuoncil.
10
11
12
13
14
15
16
Navs Absent
B a ey Requested by Department of:
Bostr�m
Guerin
Megars -�^
Rett � �
T une
By:
Adopted by Council: Date Q� \�',�`��(P
Form Approved by City Attorney
Adoption Certified by Council Secretary
By: � 2 '//-�f
BY: �,.��_I`-��:�-'a�-�.__
Approved by Mayor: Date � 7i �6 �0 Approved by Mayor for Submission to
Council
By: � w2�
By:
�l0.-�5�3
DEPJIRTI�NTIOFFICE/COUNCII DATE INITIATED `{O�O�
Ma.yor Coleman's Office 12-11-96 GREEN SHEET
CONTACT PERSON 8 PHONE INITIAVDATE INITIAUDATE
�DEPARTMENT DIRECTOR �CITY COUNCIL
Mark Shields [266-8512] A8S10N CITYATTORNEY CITY CLERK
NUMBEN FOR
MUST ON CpUNCIL AGENDA BY(DATE) p���NQ �BUDOET OIRECTOR FIN.&Mt�T.SERVICES DIR.
December 18, 1996 oROE" �MAYOR(ORASSISTAN'n �
TOTAL#OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval to execute a Joint Powers Agreement that provides for the purchase of
public health services, with Ramsey County.
RECOMMENDATIONS:Approve(A)or Rejeot(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWINQ QUESTIONS:
_PLANNINO COMMISSIQN _CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contraCt for this department4
_CIB COMMITTEQ _ YES NO
2. Has this person/firm ever been a city employee?
_$TAFF
— YES NO
_ DIS7RICT COyFl7 — 3. Does this person/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes answen on�sparate shest and attach to qrs�n shsst
INITIATII�Ki PR08LEM,I��E.OPPORTUNITY(Who,Whet,When,Wh�re,Why):
This JPA will be the first step in achieving a merger of City and County Public
Health Departments.
ADVANTAOES IF APPROy�D;
The long-term merger process will begin. There will be no reduction of public health
services. There will be no loss of City jobs. City taxpayers will save about
$500,000 in 1997.
DISADVANTAOEB IF APPROV�D:
ll����it�`�+ �" �. :r ,!�<��
None
��� � i� 5��
_ _ _ . ... .. .... ..:�.....�:.:a:�+rd
D13ADVANTAOES IF NOT APPROVED:
The merger process will be stopped.
TOTAL AMOUNT OF TRANSACTION S NA COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDIWG SOURCE NA ACTIVITY NUMBER NA
FINANCIAL INFORI4iATION:(EXPLAIN)
ROUTING OROER:
Below are correct routings for the five most frequent types of dxuments:
CONTRACTS(assumes authorized budget exists) COUNCII.RESOLUTION(Amend Budpets/Accept.Orants)
1. Outside Agency 1. Department Director
2. Department Director 2. Budget Director
3. City Attomey 3. City Attomey
4. Mayor(for contracts over$25,000) 4. MayoNAssistant
5. Human Rights(for contracts over$50,000) 5. City Counc�l
6. Finance and Management Services Director 6. Chief Accountant,Finanoe and Management Services
7. Finance Aa:ounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION(all othars,and Ordinances)
1. Activity Manager t. Department Dfrector
2. Department Accountant 2. Ciry Ariomey
3. Department Director 3. Mayor Assfstant
4. Budget Director 4. City Council
5. City Clerk
6. Chiei Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Cle�k
TOTAL NUMBER OF&IGNATURE PAGES
Indicate the#�ot pages on which signatures are required and papsrclip or fle�
eech oi these pages.
ACTION RE�UESTED
Describe what the projecUrequest seeks to accompNsh in either chronologi-
cal order or order of importance,whichever is most eppropriate tor the
issue.Do not write complete sentences. Begin each item in your list with
a ver6.
RECOMMENDATIONS
Complete ii the issue in question has been presented before any body,public
or private.
SUPPORTS WHICH COUNCII OBJECTIVE?
Indicate which Council objective(s)your project/request supports by listing
the key word(s)(HOUSING, RECREATION, NEIGHBOHHOODS, ECONOMIC DEVELOPMENT,
BUDGET,SEWER SEPARATION). (SEE CbMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the ciry's liability tor workers compensatio�claima,taxes and proper civil aervice hirfng rules.
INITIATIN(3 PROBLEM, ISSUE,OPPORTUNITY
Explain the situation or conditfons that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which tAe City oi Saint Paul �
and its citizens will benefit from this project/actbn.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecVrequest produce if it is passed(e.g.,traffic delays,noise,
tax increases or assessments)?To Whom?When?For how long4
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences i(the promised action is not
approved?Inabiliy to deliver service4 Continued high traftic,noise,
accident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the in(ormation you provide here to the issue you
are addressing, in general you must answer two questions:How much is it
going to cost?Who is going to pey?
. HOUSING INFORMATION OFFICE
PeterHames,Director
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CITY OF SAINT PAUL 1 SO Ciry Hall Annex Telephone: 612-266-6000
Norm Coleman,Mayor 15 West Fourth Street Facslmile: 612-298-SOS�t
SatntPaul Minnesota SS102
�
December 17, 1996
Council President Thune and Councilmembers
Rooms 310 and 320 City Hall
15 West Kellogg Boulevard
Saint Paul, MN 55102 -
Regarding: City-County Joint Powers Agreement (Agenda Item No. 19)
Dear Council President Thune and Councilmembers:
Attached is the final version, as amended, of the Joint Powers Agreement (JPA)regarding
the County purchase of public health services from the City. The amendments--regarding
term and ternunation; service priorities and assurance process; governance; property--come
from the discussions at the joint meetings of the City Council and the County Board. The
amendments were separately approved by the City Council and County Board last week.
The JPA was approved by the County Board today and is ready for final Council approval.
As you know, a great deal of effort has gone into resolving personnel-related issues. We
have sent a proposal, based upon our December 12 joint meeting, to the unions. Copies of
the proposal were also distributed to City and County officials yesterday.
We believe there is agreement on the few JPA-related personnel issues. The remaining
personnel issues will arise if, and only if there is a transfer of a City employee to the County.
As presented in the Brainerd-Hames December 13 memorandum (attached), we believe we
have conceptual agreement on all but three of those transfer-related issues.
The unions are meeting today and we expect to hear from them regarding the our proposals.
Our next joint meeting, where we expect to reach closure, is scheduled for January 10. .
When these issues are formally resolved, a memorandum of understanding, separate from the
JPA, will be submitted to you and the County Board for approval.
If you have any questions on these matters, please call me.
Cordially,
Peter Hames
H:UISERSViAMESVNNOV W EALTHUPACV R72.17
� � - �SS3
JOINT POWERS AGREEMENT
BETWEEN
� CITY OF SAINT PAIIL
AND
TI� COUNTY OF RAMSEY
FOR
PUBLIC HEALTH SERVICES
THIS JOINT POWERS AGREEMENT (Agreement) is made and entered
into by and between the City of Saint Paul, a duly chartered city
of the first class, and the County of Ramsey, a duly chartered
political subdivision, both of the State of Minnesota.
WI�REAS, in October 1995, the Ramsey County Board and Saint
Paul City Council adopted the Saint Paul-Ramsey County Community
Health Services Plan for 1996 to 1999; and .
WHERE�S, the Saint Paul-Ramsey County Community Health
Services Plan for 1996 to 1999 is a joint effort between the
Community Health Boards of the City of Saint Paul and the County
of Ramsey; and
WI�REAS, City and County staff have prepared a report which
recommends that the services of the City Public Health Department
and the Ramsey County Public Health Department be combined
through use of a purchase of services agreement; and
W�_RF.AS� the purpose of this Agreement is to streamline the
implementation of the joint community health services plan, to �
provide high quality, efficient and cost-effective public health
services to the citizens of the City and the County;
WHER.EAS, the staff report identifies several implementation
issues which will be addressed during the term of this Agreement;
THEREFORE, the parties agree as follows :
� � , . ' � �- �ss�
this Agreement will continue to be performed by the
City. The City recycling program is addressed in an
existing joint powers agreement between the CITY and
COUNTY, dated September 28 , 1993 , which shall
continue according to its terms .
2 . Effective July 1, 1997, the CITY shall begin providing
the following services on behalf of the COUNTY within the
areas of the COUNTY outside the CITY limits :
a. Dangerous Dog Registration .
b. Lead Paint Hazard Control
c . Lead Hazard Reduction
The COUNTY shall pay the CITY for these services on a
reimbursement basis.
3. Effective July 1, 1997, all remaining Saint Paul public
health board activities that are not transferred to the
COUNTY pursuant to this Agreement will be transferred `to
other CITY departments and the City will no longer use
the name "Saint Paul Public Health. "
B. County Duties
1. The COUNTY shall continue to maintain responsibility for
the following services:
a. Community Clinics/Living-at-Home-Block Nurse Program
b. Public Health Administration .
c . Disease Prevention and Control �
d. Family Health
e. Preadmission screenings/waivers
f. Adult Health management
g. Child and Teen Checkups
h. Solid Waste Activities, including
i. Solid Waste Regulation
ii. Household Hazardous Waste
iii . Yard Waste Management
iv. Residential Recycling
v. Recycling Processing
vi. Business Waste Assistance Program
vii. Solid Waste Public Education
viii. Solid Waste Administration
ix. Resource Recovery
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C. Level of Services
l. Services described in the PLAN which have been performed
by either the CITY or the COUNTY up to the effective date of this
Agreement shall not be eliminated or reduced as a direct result
of this Agreement, except:
a. after compliance with the statutory process for amendment
of the PLAN, or
b. through budgeting processes . Both the County and City
budgets are subject to the budget review and comment
procedures described in Paragraph VII .C. below.
2 . The parties acknowledge that provision of services at
current levels will depend upon the continued availability of
state and federal funding, and continuing authority under
applicable state and/or federal law. If funding or authority
changes during the term of this Agreement, the parties agree to
incorporate such changes as are necessary into the PLAN or their
respective budgets, as applicable.
3 . The Saint PauZ-Ramsey County Department of Public Health
will complete the Community Health Services Monitoring Working
Document and present it to the City Council for review and
comment in July 1997 , and in March and September of each
subsequent year thereafter.
4 . The Saint Paul - Ramsey County Department of Public .
Health will complete the update to the Community Health Services
Plan and present it to the City Council for review and approval
in September 1997 . The revised four-year plan and subsequent
updates , along with service priorities identified within the
Plan, will be presented to the City Council for review and
approval in September 1999 , September 2001, September 2003 and
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. . �' �-lS s�
annual budget, the CITY may purchase an increase in the service
level by paying the cost for the services to the COUNTY. The
COUNTY shall have the authority to deliver any such increased
services on behalf of the CITY.
B. County' s agent
The CITY is hereby designated the agent for the COUNTY with
respect to the delivery of services set forth in Paragraph
II .A.2 , above . The Saint Paul City Council shall have all
governing and decision-making authority with respect to the .
delivery of services set forth in Paragraph II .A. 1 and 2 . , above.
C. Community Health Services Advisory Committee
The Joint City-County � Community Health Services Advisory
Committee shall continue in effect in accordance with the process
in effect at the time of this Agreement unless otherwise agreed
to, in writing, by the parties .
IV. FINANCE�BUDGET ISSUES '
A. Grants
On or before July 1, 1997 , the CITY will assign to the COUNTY
its interests and obligations under each individual grant
relating to duties transferred to the COUNTY under this
Agreement. The CITY is responsible for obtaining all necessary
approvals from the respective grantors . Al1 funds from such
grants will be transferred to the COUNTY. In the event that a
grant(s) cannot be assigned to the COUNTY, the CITY will contract
with the COUNTY to provide the services on the CITY' s behalf and
pay the COUNTY for the services within thirty-five (35) days of
invoice.
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. , � � �► ss��
regarding the property that is equitable for both the CITY and
the COUNTY.
C. Assiqnment of contracts �
On or before July 1, 1997, the CITY will, if requested by the
COUNTY, assign to the COUNTY its interests in and obligations
under each individual contract relating to duties transferred to
the COUNTY under this Agreement. The CITY is responsible for
obtaining all necessary approvals from the respective
contractors . Al1 funds encumbered by or receivables owed to the
CITY for expenses associated with the contracts will be
transferred to the COUNTY. In the event that a contract(s)
cannot be assigned to the COUNTY the CITY will continue to comply
with the terms of the contract( s ) until its expiration or
termination.
D. Property tax financing
The parties acknowledge their concurrent jurisdiction for
levy of the costs for services provided under this Agreement.
For the 1997 tax levy, the parties each agree that they will each
levy one million nine thousand seven hundred thirty six dollars
($1,009 ,736) which is fifty percent (50$) of the cost necessary
to pay the expenses assumed for services to be provided pursuant
to Paragraph II.B.2 . , above. For 1998 and future years, the
COUNTY will be responsible for including the tax levy in their
budget to provide the services pursuant to II .B.2 above.
In 1997, each party is responsible to provide fifty percent
(50�) of the necessary funds, including tax levy funds, to assure
that all expenses assumed for services to be provided pursuant to
Paragraph II .B.2 can be paid by the parties.
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_ �C�--1 SS.�
end of the term then in effect. In such a case, the Agreement
shall expire at midnight on the last day of the term then in
effect.
B. Insurance
It is acknowledged that both parties rely primarily on self-
insurance programs for liability coverages, including statutory
workers ' compensation coverage. Each party agrees to maintain
its self insurance program or to obtain insurance policies for
tort , automobile , professional liability and workers '
compensation coverage. Such tort, automobile or professional
liability insurance policies, if any, shall have minimum limits
of those liability limits established by Minnesota Statutes
Chapter 466 ( 1994) and as amended, which are currently $200,000
per person and $600, 000 per occurrence or, in the case of
workers ' compensation coverage, shall have minimum limits as
established by state statute.
The parties agree to work cooperatively with respect to
workers ' compensation return-to-work programs for employees .
C. Budqet review and comment
Each party will notify the other in writing when its proposed
public health budget is ready for review which shall be no later
than June 15 of the year preceding the term of the budget year.
Each party may review the other party' s public health budget and
may submit comments within thirty (30) days of the notice.
D. Nonassiqnability
Neither party shall assign any interest in this Agreement and
shall not transfer any interest in the same, whether by
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H. Indemnification
Each party shall indemnify, hold harmless and defend the
other party, its employees and officials against any and all
liability, loss, costs, damages, expenses, claims or actions,
including attorneys ' fees, which has been or may hereafter be
incurred by the second party as a result of acts or omissions by
the first party, including any and all liability, loss, costs,
damages, expenses, claims or actions, including attorneys ' fees,
which may hereafter be incurred, arising out of or by reason of
any act or omission in the execution, performance, or failure to
adequately perform its obligations pursuant to this Agreement.
Nothing herein shall constitute a waiver by either party of the
limitations and exceptions to liability available at Minnesota
Statutes Chapter 466 or any other applicable law.
I . Alteration
Any alteration, variation, modification, or waiver of the
provisions of this Agreement shall be valid only after it has
been reduced to writing and duly signed by both parties .
J. Compliance with applicable law
Each party agrees to comply with all federal, state and local
laws or ordinances, and all applicable rules, regulations, and
standards established by any agency of such governmental units,
which are now or hereafter promulgated insofar as they relate to
the parties ' performance of the provisions of this Agreement. It
shall be the obligation of each party to apply for, pay for and
obtain all permits and/or licenses required by any governmental
agency for the party' s provision of the services contemplated
herein.
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N. Prevailing wacre
�� -lss�
All contractors and subcontractors shall conform to the labor
laws of the State of Minnesota, and all other laws, ordinances,
and legal requirements affecting the work in Ramsey County and
the State of Minnesota . The wage rates for the job
classifications affected by this purchase of services Agreement
shall be the wage rates established by the collective bargaining
agreements of the respective parties .
O. General Workplace Policies
Each party shall make all reasonable efforts to ensure that
the party' s employees, officials and subcontractors abide by such
written policies or civil service rules pertaining to
nonviolence, racial harassment and sexual harassment and will
process and address any complaints alleging violations of those
rules or policies in a diligent manner.
P. Entire agreement
This Agreement shall constitute the entire Agreement between
the parties and shall supersede all prior oral or written
negotiations .
Q. Severabilitv
The provisions of this Agreement shall be deemed severable. .
If any part of this Agreement is rendered void, invalid, or
unenforceable, such rendering shall not affect the validity and
enforceability of the remainder of this Agreement unless the part
or parts which are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with
respect to either party.
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.
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IN WITNESS TI�REOF, the undersigned governmental units, by
action of their governing bodies, have caused this Agreement to
be executed in accordance with the authority of Minnesota
Statutes Section 471.59 .
i
COUNTY OF RAMSEY CITY OF SAINT PAIIL
By By .
Hal Norgard, Chair Norm Coleman, Mayor .
Board of Commissioners
By By
Bonnie C. Jackelen � City Clerk
Chief Clerk
Approved as to form: Approved as to form:
Assistant County Attorney Assistant City Attorney
Insurance approved:
Risk Manager
Funds are available: Funds are available: ,
Budget and Accounting Director of Finance and
Management Services
Recommended:
Director
Ramsey County Department
of Public Health �
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JOINT POASRS ArREE�NT
B$�rsBx RECEIVED
� cz� o��urr P�vL DEC 31 1996
THE COUNTY OF RAMSEY
FoR CITY CLERK
PUBLIC HEALTH SERVICES
THIS JOINT POWERS AGREEMENT (Agreement) is made and entered
into by and between the City of Saint Paul, a duly chartered city
of the first class, and the County of Ramsey, a duly chartered
political subdivision, both of the State of Minnesota.
W�REAS, in October 1995, the Ramsey County Board and Saint
Paul City Council adopted the Saint Paul-Ramsey County Community
Health Sernices Plan for 1996 to 1999; and
AHEREAS, the Saint Paul-Ramsey County Community Health
Services Plan for 1996 to 1999 is a joint effort between the
Community Health Boards of the City of Saint Paul and the County
of Ramsey; and
AHERE�S, City and County staff have prepared a report which
recommends that the services of the City Public Health Department
and the Ramsey County Public Health Department be combined
through use of a purchase of services agreement; and
WHERF.AS, the purpose of this Agreement is to streamline the
implementation of the joint community health services plan, to
provide high quality, efficient and cost-effective public health
services to the citizens of the City and the County;
WHEREAS, the staff report identifies several implementation
issues which will be addressed during the term of this Agreement;
THEREFORE, the parties agree as follows:
�
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I. DEFINITIONS
Unless otherwise provided in this Agreement, all services
listed below shall have the meanings ascribed to them in the 1996
City of Saint Paul and County of Ramsey budgets; the Saint Paul-
Ramsey County Community Health Services Plan for 1996 to 1999,
any future amendments thereto and successor documents; and the
Ramsey Count� Solid Waste Master Plan in effect as of the date of
this Agreement.
II. PiJBLIC HEALTH SERVICES
The public health services described in the Saint Paul-Ramsey
ounty Community Health Services Plan for 1996 to 1999, any
i
future amendments thereto, and successor documents (PLAN) ; the
1996 City of Saint Paul and County of Ramsey budgets; and the
Ramsey County Solid Waste Master Plan shall be jointly provided
by the City of Saint Paul (CITY) and the County of Ramsey
(COUNTY) as described herein.
g. City Duties
l. The CITY shall retain responsibility for the following
services within the CITY limits:
a. Housing Enforcement Services
i. Housing - Complaints
ii. Vacant Buildings
iii. Summary Abatement
iv. Lead Paint Hazard Control
v. Lead Hazard Reduction
vi. Truth in Sale of Housing
vii. Nuisance Abatement
b. Animal Control
c. Food Inspection Services
d. Solid Waste Activities : Solid waste activities
performed by the City as of the date of execution of
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��
1��
this Agreement will continue to be performed by the
City. The City recycling program is addressed in an
existing joint powers agreement between the CITY and
,� COUNTY, dated September 28 , 1993 , which shall
continue according to its terms.
2. Effective July 1, 1997, the CITY shall begin providing
the following services on behalf of the COUNTY within the
areas of the COUNTY outside the CITY limits:
a. Dangerous Dog Registration
b. Lead Paint Hazard Control
c. Lead Hazard Reduction
The COUNTY shall pay the CITY for these services on a
reimbursement basis.
3. Effective July 1, 1997, all remaining Saint Paul public
health board activities that are not transferred to the
COUNTY pursuant to this Agreement will be transferred to
other CITY departments and the City will no longer use
the name "Saint Paul Public Health. "
B. County Duties
1. The COUNTY shall continue to maintain responsibility for
the following services:
a. Community Clinics/Living-at-Home-Block Nurse Program
b. Public Health Admi.nistration
c. Disease Prevention and Control
d. Family Health
e. Preadmission screenings/waivers
f. Adult Health management
g. Child and Teen Checkups
h. Solid Waste Activities, including
i. Solid Waste Regulation
ii. Household Hazardous Waste
iii. Yard Waste Management
iv. Residential Recycling
v. Recycling Processing
vi. Business Waste Assistance Program ,
vii. Solid Waste Public Education
viii. Solid Waste Administration
ix. Resource Recovery "
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i. Correctional Health
j . Community Health/Violence Prevention/Employee Health
Promotion
k. Adolescent Health
1. Hazardous Waste Program
m. Community Sanitation Program
n. Nutrition
o. Nursing Administration
p. Personal Care Attendant Assessments
2 . Effective July 1, 1997, the COUNTY shall begin providing
the following services on behalf of the CITY within the.
CITY limits:
a. Epidemiology/Disease Investigation and Control
b. Tuberculosis
c. Administration, including Nursing Administration
d. Families in Crisis
e. Community Clinics/Living-at-Home-Block Nurse Program
f. Family Planning
g. Immunizations, including Travel and Hepatitis B
h. Nutrition
i. Dental
j . Women' s Health
k. Colposcopy
l. Sexually Transm.itted Diseases
m. HIV�AIDS �
n. Preventive Medicine�Refugee Screening
o. WIC
p. Childhood Lead Prevention
q. Well Child/Children' s Initiative
r. Health Education
s. Chronic Disease
t. Child Health Initiative (Maternal Child Health Grant)
u. Native American Health
v. Immunization Registry
w. Family Ties
x. Immunization Action Plan �
y. Health Records
z. Data Services
aa. Laboratory
bb. Birth and Death Records
cc. Building Maintenance
3. The Ramsey County Department of Public Health will be
renamed the "Saint Paul - Ramsey County Department of
Public Health" effective on July 1, 1997 .
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C. Level of Services
�� �i��'
l. Services described in the PLAN which have been p�erformed
by either the CITY or the COUNTY up to the effective date of this
Agreement shall not be eliminated or reduced as a direct result
of this Agreement, except:
a. after compliance with the statutory process for amendment
of the PLAN, or
b. through budgeting processes. Both the County and City
budgets are subject to the budget review and comment
procedures described in Paragraph VII.C. below.
2 . The parties acknowledge that provision of services at
current levels will depend upon the continued availability of
state and federal funding, and continuing authority under
applicable state and/or federal law. If funding or authority
changes during the term of this Agreement, the parties agree to
incorporate such changes as are necessary into the PLAN or their
respective budgets, as applicable. �
3. The Saint Paul-Ramsey County Department of Public Health
will complete the Community Health Services Monitoring Working
Document and present it to the City Council for review and
comment in July 1997 , and in March and September of each
subsequent year thereafter.
4 . The Saint Paul - Ramsey County Department of Public
Health will complete the update to the Community Health Services
Plan and present it to the City Council for review and approval
in September 1997 . The revised four-year plan and s�bsequent
updates, along with service priorities identified within the
Plan, wili be presented to the City Council for review and
approval in September 1999, September 2001, September 2003 and
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�� � 1���
September 2005, and every two years thereafter throughout the
term of this Agreement.
5. The Saint Paul - Ramsey County Department of Public
Health will present annually the budgets for the operations of
the services provided herein to the Saint Paul City Council for
review and comment, no later than the third week in November of
the year prior to the budget. �
6. The Community Health Services Advisory Committee will
monitor the implementation of the Community Health Services Plan,
Plan Update, Monitoring Working Document, and annually submit
their assessment of the implementation to the County Board and
City Council.
III. GOVERNANCE
A. City' s agent
The COUNTY is hereby designated the agent for the CITY with
respect to the delivery of services set forth in Paragraph
II.B.2. , above. The Ramsey County Board of Commissioners shall
have all governing and decision-making authority with respect to
the delivery of services set forth in Paragraph II.B.1 and 2 . ,
above. The CITY transfers its public health activities but
retains its Board of Health as the City Council under Minnesota
Statutes to the extent consistent with the provisions of the
Joint Powers Agreement.
The CITY expressly reserves its authority to review and
approve amendments to the PLAN and future community health plans
and any amendments thereto. In the event the CITY wishes to
increase service levels beyond that called for in the Plan or the
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��,-i�'s�
annual budget, the CITY may purchase an increase in the service
level by paying the cost for the services to the COUNTY. The
COUNTY shall have the authority to deliver any such increased
services on behalf of the CITY.
B. County' s aQent
The CITY is hereby designated the agent for the COUNTY with
respect to the delivery of services set forth in Paragraph
II .A.2, above. The Saint Paul City Council shall have all
governing and decision-making authority with respect to the
delivery of services set forth in Paragraph II.A. 1 and 2 . , above.
C. Community Health Services Advisory Committee
i
The Joint City-County Community Health Services Advisory
Committee shall continue in effect in accordance with the process
in effect at the time of this Agreement unless otherwise agreed
to, in writing, by the parties .
IV. FINANCE�BDDGET ISSIIES
A. Grants
On or before July 1, 1997, the CITY will assign to the COUNTY
its interests and obligations under each individual grant
relating to duties transferred to the COUNTY under this
Agreement. The CITY is responsible for obtaining all necessary
approvals from the respective grantors. All funds from such
grants will be transferred to the COUNTY. In the event that a
grant(s) cannot be assigned to the COUNTY, the CITY will contract
with the COUNTY to provide the services on the CITY' s behalf and
pay the COUNTY for the services within thirty-five (35) days of
invoice.
-7- 12/96
B. Transfer of assets /�����?�
��
As and for partial consideration of the duties and
responsibilities undertaken by the COUNTY, the CITY shall quit
claim the real and personal property located at its public health
building at 555 Cedar Street to the COUNTY. The CITY will
provide an inventory of the personal property to be transferred
within sixty (60) days of execution of this Agreement. The CITY
will obtain, at its cost and expense, a Phase I, Phase II and
Phase III, if necessary, Environmental Report of the building and
the site, including, but not limited to, identification and
location of asbestos , underground storage tanks and other
hazardous materials management. Notwithstanding any other
termination provision herein to the contrary, the CITY shall have
the right to terminate this Agreement upon thirty (30) days
written notice if the Phase III Report indicates the CITY's
cleanup costs would exceed $100,000.
The COUNTY intends to continue to use the building for public
health services. In the event the services are relocated, the
COUNTY shall fully consider customer needs and accessi.bility
before selecting an alternative site. If the COUNTY wishes to
use the 555 Cedar Street building for non-County purpose, the
COUNTY will present the proposal to the CITY for an advisory
vote. If this Agreement is not renewed, the COUNTY will convey
the building back to the CITY and the CITY will reimburse the
COUNTY for its share of any capital improvements . If this
Agreement is not renewed and the property at 555 Cedar Street has
been sold, conveyed, or devoted to a non-public healtli use, the
CITY and COIINTY shall negotiate in good faith to find a solution
-8- 12/96
��- ����
regarding the property that is equitable for both the CITY and
the COUNTY.
� C. Assignment of contracts �
On or before July 1, 1997, the CITY will, if reques�ed by the
COUNTY, assign to the COUNTY its interests in and obligations
under each individual contract relating to duties transferred to
the COUNTY under this Agreement. The CITY is responsible for
obtaining all necessary approvals from the respective
contractors. All funds encumbered by or receivables owed to the
CITY for expenses associated with the contracts will be
transferred to the COUNTY. In the event that a contract(s)
cannot be assigned to the COUNTY the CITY will continue to comply
with the terms of the contract( s) until its expiration or
�
termination.
D. Property tax financincr
The parties acknowledge their concurrent jurisdiction for
levy of the costs for services provided under this Agreement.
For the 1997 tax levy, the parties each agree that they will each
levy one million nine thousand seven hundred thirty six dollars
($1,009,736) which is fifty percent (50$) of the cost necessary
to pay the expenses assumed for services to be provided pursuant
to Paragraph II.B.2 . , above. For 1998 and future years, the
COUNTY will be responsible for including the tax levy in their
budget to provide the services pursuant to II.B.2 above.
In 1997, each party is responsible to provide fifty percent
(50�) of the necessary funds, including tax levy funds, to assure
that all expenses assumed for services to be provided pursuant to
Paragraph II.B.2 can be paid by the parties .
-9- 12/96
E. Pa�ment to City �� �'��3
The COUNTY will pay the CITY for the use of CITY' s employees
providing services to the COUNTY effective July 1, 1997, pursuant
to this ggreement. The amount to be paid will be the CITY' s
actual cost.
V. 1�I�NAGEMENT
� The Saint Paul - Ramsey County Department of Public Health
r
will be managed by a single director who shall be appointed by
the COUNTY. The director will establish a management team to
facilitate transition of services between the CITY and the
COUNTY.
VI. PERSONNEL
This Agreement is a purchase of services agreement. The
COUNTY agrees to accept certain duties and responsi.bilities from
the CITY and is purchasing the services of CITY employees from
the CITY until such ti.me as the COUNTY, is able to staff services
with COUNTY employees. Such staffing shall be accompl�ished by
transferring CITY positions which become vacant through attrition
to the COUNTY. Any new positions which may be created due to
service needs shall be COUNTY positions.
VII. GFNEI�tAL CONDITIONS
A. Term
The initial term of this Agreement shall be five (5) years
from the date of complete execution of the Agreement. This
aqreement will automatically renew for additional ten ( 10) year
terms, unless written notice of intent not to renew is provided
by either party to the other, at least one ( 1) year prior to the
, -10- 12/96 ,
�
(� �1���
end of the term then in effect. In such a case, the Ag�reement
shall expire at midnight on the last day of the term then in
effect.
B. Insurance
, It is acknowledged that both parties rely primarily on self-
inaurance programs for liability coverages, including � statutory
workers ' compensation coverage. Each party agrees to maintain
its self insurance program or to obtain insurance policies for
tort , automobile , professional liability and workers '
compensation coverage. Such tort, automobile or professional
liability insurance policies, if any, shall have minimum limits
of those liability limits established by Minnesota Statutes
Chapter 466 (1994) and as amended, which are currently $200,000
per person and $600, 000 per occurrence or, in the case of
workers ' compensation coverage, sha11 have minimum lamits as
established by state statute.
The parties agree to work cooperatively with respect to
workers ' compensation return-to-work programs for employees .
C. Budget review and comment
Each party will notify the other in writing when its proposed
public health budget is ready for review which shall be no later
than June 15 of the year preceding the term of the budget year.
Each party may review the other party's public health budget and
may submit comments within thirty (30) days of the notice.
D. Nonassignability
Neither party shall assign any interest in this Agreement and
' shall not transfer any interest in the same, whether by '
-11- 12/96
�/ - is'��
subcontract, assignment or novation, without the prior �r�itten
consent of the other party.
E. Indenendent contractor
It is agreed that nothing contained in this Agreement is
intended or should be construed as constituting either party as
the employee of the other party for any purpose or in any manner
whatsoever. Each party is an independent contractor and neither
�
it, its employees, agents nor representatives are employees of
the other party. Payment of federal income t�, FICA payments
and state income tax are the responsibility of each party for
their own employees, agents or representatives, as required by
law.
F. Data �ractices
All data collected, created, received, maintained or
disseminated for any purpose in the course of the parties '
performance of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, and
any other applicable state and/or federal statutes, rules or
regulations on data privacy.
' G. Access to documents
Until expiration of three years after the furnishing of
services pursuant to this Agreement, each party, upon written
request of the other party, shall make available to the
requesting party, the State Auditor or the requesting party' s
ultiunate funding sources, a copy of this Agreement and the books,
documents, records and accounting procedures and practices
relating to this Agreement.
-12- i 12/96
, H. Indemnification � ✓ /����
� Each party shall indemnify, hold harmless and defe�d the
other party, its employees and officials against any and all
liability, loss, costs, damages, expenses, clai.ms or actions,
including attorneys ' fees, which has been or may hereafter be
incurred by the second party as a result of acts or omissions by
the first party, including any and all liability, loss, costs,
damages, expenses, claims or actions, including attorneys ' fees,
which may hereafter be incurred, arising out of or by reason of
any act or omission in the execution, performance, or failure to
adequately perform its obligations pursuant to this Agreement.
Nothing herein shall constitute a waiver by either part�y of the
limitations and exceptions to liability available at Minnesota
Statutes Chapter 466 or any other applicable law.
I. Alteration
Any alteration, variation, modification, or waiver of the
provisions of this Agreement shall be valid only after it has
been reduced to writing and duly signed by both parties.
J. Compliance with a�plicable law
Each party agrees to comply with all federal, state and local
laws or ordinances, and all applicable rules, regulations, and
standards established by any agency of such governmental units,
which are now or hereafter promulgated insofar as they relate to
the parties ' performance of the provisions of this Agreement. It
shall be the obligation of each party to apply for, pay for and
obtain all permits and/or licenses required by any governmental
agency for the party' s provision of the services contemplated
herein.
-13- 12�96
R. Workforce diversitv �
�e' C�S�
The parties shall make good faith efforts, in accordance with
applicable law, throughout the term of this Agreement, any �
extensions thereof , to employ persons of color' for all
classifications of work under this Agreement, and shall, when
requested by the other party, submit a written report to the
other party regarding the efforts and results of such efforts,
including employment by job classification.
L. Waste reduction
Each party may participate, depending on its policies,
programs and funding capabilities, in a recycling program for at
least four broad types of ` recyclable materials and shall favor
the purchase of recycled products in its procurement pr�ocesses.
All reports, publications and documents produced as a result of
this Agreement shall be printed on both sides of the paper, where
commonly accepted publishing practices allow, on recycled and
recyclable paper using soy-based inks, and shall be bound in a
manner that does not use glue.
M. Equal employment o�nortunity
Each party agrees to comply with all federal, state and local
laws, resolutions, ordinances (including Chapter 183 of the Saint
Paul Legislative Code) , rules, regulations and executive orders,
including the Americans with Disabilities Act, pertaining to
unlawful discrimination on account of race, color, creed,
religion, national origin, gender, marital status, status with
regard to public assistance, sexual preference, disability, or
age. When required by law or requested by the other party, each
party shall furnish a written affirmative action plan.
-14- I2/96
,
N. PrevailinQ wacre ���,y�3
All contractors and subcontractors shall conform to the labor
laws of the State of Minnesota, and all other laws, ordinances,
and legal requirements affecting the work in Ramsey County and
, �
, the State of Minnesota . The wage rates for the job
classifications affected by this purchase of services � Agreement
shall be the wage rates established by the collective bargaining
agreements of the respective parties.
O. General Work�lace Policies
Each party shall make all reasonable efforts to ensure that
the party' s employees, officials and subcontractors abide by such
written policies or civil service rules pertaining to
nonviolence, racial harassment and sexual harassment and will
process and address any complaints alleging violations of those
rules or policies in a diligent manner. i
P. Entire agreement
This Agreement shall constitute the entire Agreement between
the parties and shall supersede all prior oral or written
negotiations.
Q. Severabilitv
The provisions of this Agreement shall be deemed severable.
If any part of this Agreement is rendered void, invalid, or
unenforceable, such rendering shall not affect the validity and
enforceability of the remainder of this Agreement unless the part
or parts which are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with
' respect to either party. '
-15- 12/96
,
R. Notice �/�.,l(����
��
Any notice required to be given by this Agreement shall be
made by United 5tates mail to:
COUNTY CITY
County Manager Mayor
250 Courthouse-City Hall 390 Courthouse-City Hall
15 West Rellogg Boulevard 15 West Rellogg Boulevard
Saint Paul, MN 55102 Saint Paul, MN 55102
�
-16- 12/96
� , ' ♦
. �'�'i�� -
IN WITNESS THEREOF, the undersigned governmental ,units, by
action of their governing bodies, have caused this Agreement to
be executed in accordance with the authority of Minnesota
Statutes Section 471.59 .
COUN'1'Y OF RBMSEY CITY O SAINT P�
By By
Hal Norgard, ,hair orm oleman, yor
Board of Commissioners
. ,
Y ��
Bonnie C ke en ity Clerk -- ��
Chief e qd-S9�
Approved as to form: Approved as to form:
� � Z-c -�� � /2 -Lo _�/(
�ssist t County A o ney Assistant City tt ney
Insurance approved:
, ��l�n-i+-.�----J
R Manager
Funds are available: �ns� Funds are available:
y3�.ui os��o ( - *9�'�, �09
' (J�.,�� Gt.J��'��- iz��,/4� � � �
� Budget and Accounting Director of Finance and
Management Services �
Recommended:
Director
Ramsey County Department
of Public Health
-17- 12/96
� Resolution
Board of ✓/L)��
. . ��
� ��amsey County Commzssion�rs
Presented By Commissioner Haiah Date December 17 . 1996 No. 96-592
Attention:
Budgeting and Accounting Mayor Coleman, City of St. Paul
Terry Lindeke, Dir. , IGR Peter Hames, City of St. Paul
Dick Brainerd, Director, Personnel
Joe Barott, Local 8 Business Agent Page 1 of 2
WHEREAS, For many years, the City of Saint Paul and Ramsey
County have sought to merge, under one governance and management
structure their respective Departments of Public Health; and
WHEREAS , Staff from the City of Saint Paul and Ramsey County
have proposed a Joint Powers Agreement (JPA) to initiate the merger
process via a purchase-of-service contract; and
� WHEREAS, The Ramsey County Board of Commissioners approved a
resolution at their December 10 , 1996 meeting that reconciled the
differences in the JPA language between the two elected bodies ; and
WHEREAS, Both elected bodies have requested that the issues
relating to personnel be worked on by the respective staffs and
employee representatives to identify and develop solutions for
personnel issues ; and
WHEREAS, Numerous meetings were held• with City and County
management staff , representative of the employee bargaining units
and outside consultants to carry out interest based negotiations;
and � �
WHEREAS, Staff have reported on the results of these meetings
before a joint meeting of City Council and County Board on
December 16 , 1996 ; and _,
WHEREAS , The majority of the elected officials who attended
the December 16 , 1996 meeting have concurred in the concept to
approve the Joint Powers Agreement; Now, Therefore , Be It • .
RESOLVED, The Ramsey County Board of Commissioners hereby
approves t�he Joint Powers Agreement , to merge Public Health
Departments of the City of Saint Paul and Ramsey County; and Be It
Further .
g.AMSEY COUNTY BOARD OF COMMISSIONERS
YEA NAY OTHER
John Finley
Sue Haigh Hal Norgard, Chairman
Hal Norgard .
Rich O'Connor
Rafaei Ortega gy (Continued)
Brenda Thomas Bonnie C.Jackelen
Dick Wedell Chief Clerk-County Board
� � � �- Resolutioari .
Board of � � � /���
l�,amsey Count Commissioners _
y
Presented By commissioner Haiah Date December 17s 1996 N0. 96-592
Attention:
Budgeting and Accounting Mayor Coleman, City of St. Paul
Terry Lindeke, Dir. , IGR Peter Hames, City� of St. Paul
Dick Brainerd, Director, Personnel
Joe Barott, Local 8 Business Agent page 2 of 2
RESOLVED, The Board authorizes the Chair and the Chief Clerk
to execute the Joint Powers Agreement; and Be It Further
RESOLVED, The Ramsey County Board of Commissioners direct the
Personnel Department to continue to bargain with the affected
bargaining units, so that implementation of the Joint Powers
Agreement can be accomplished by July 1, 1997 .
RAMSEY COUNTY BOARD OF COMMISSIONERS
YEA NAY OTHER
John Finley X
Sue Haigh X Hal Norgard hairman
Hal Norgard x
Rich O'Connor X '
Rafael Ortega X
Brenda Thomas A�Sent Bonnie C.Jac e n .
Dick Wedeil X Chief Cier - unty Board
. t
� � -�ss3
December 13, 1996
TO: Saint Paul City Councilmembers
Ramsey County Board of Commissioners �
Mayor Norm Coleman
FROM: Richard Brainerd
s Peter Hames
RE: Status of Discussions with City and County Unions Regarding JPA Related
Personnel Issues
As you know, the City and County negotiators and managers have been engaged in
intensive discussions with City and County Unions over personnel issues related to
implementation of the JPA. These meetings have been facilitated by the State of Minnesota
Bureau of Mediation Services (BMS) in response to the Unions' request to meet and discuss
JPA related personnel issues but not engage in a collective bargaining process.
T'he parties agreed to discussions based upon an Interest Based Negotiations model
which requires the parties to schedule a series of ineetings during which they identify issues,
state their interests relative to the issues, and propose options for resolution of the same.
Against this backdrop, the Unions, City and County have met over a five week period
and have substantially completed this process. The parties met jointly on the following dates:
• On November 5, the parties met for the first time and identified 14 JPA related�
personnel issues and their interests related to each issue. .
• Following the November 5 meeting, the City added Craig Ayers to its team to
ensure that JPA discussions were given top priority. City and County
representatives met several times to develop a list of employer interests. City-
AFSCME locals and PEA and SPSO met to do the same.
• On November 22, the parties met in joint session and exchanged interests lists. .
The City prepared and distributed handouts comparing City and County benefits
by bargaining unit.
• On December 4, the parties reconvened for several hours and exchanged and
discussed options lists.
• On December 10, the parties met for several hours and exchanged new drafts of
proposed options. At this meeting, Commissioner Teachworth requested that _
' �'G--1 S s�.3
the parties be prepared when they met on December 12 to identify those
personnel issues on which they had reached consensus and the issues they did
not agree upon with the rationale for their disagreement.
• On December 12, the parties met for five hours at the BMS and discussed at
length the proposed options about which they disagreed.
The attached issues and proposed options sheet represents our understanding of the
positions of the parties as of the December 12 meeting, with one caveat: County AFSCME
stated it is unable to agree to any of the issues without first meeting with City AFSCME and
its own employees. That meeting is scheduled for 2:00 p.m. on December 17.
City AFSCME has indicated it is in substantial agreement with the issues and options
identified. It requested two meetings on paid City time to further discuss proposed options and
to meet with County AFSCME. Despite a longstanding practice of not granting such meetings,
the City's Labor Relations Director authorized the paid time in the interest of supporting the
discussion process.
The City has received feedback that the Unions have been very satisfied with how
discussions are progressing on most issues brought to the attention of the City and County
management through the BMS assisted Interest Based process.
It is unfortunate that the December l l, 1996 letter sent to City Councilmembers and
County Board members, listing 11 unresolved personnel issues, pre-dated the December 12
meeting described above. At thAT meeting, the BMS received few objections from City
Unions to most of the proposed options for resolution put forward by the City and County.
The most significant unresolved issues are listed on pages six and seven of the attached
document.
In its letter of December 1 l, AFSCME requested that implementation of the JPA be
delayed an additional six months, This would mean that the JPA would not go into effect until
1998. Both the City and County are concerned that if the Union's request for delay is granted,
momentum for resolution of the few remaining issues may be lost.
. The City and County are committed to continuing the Interest Based process to resolve
these matters and believe there is additional room for compromise on the three remaining
issues if both sides are willing. This process is not designed to enable the parties to reach
complete agreement on all issues. It is intended to provide the parties with a vehicle for
finding common ground on issues of concern to them. We are confident that this will occur. .
cc: City AFSCME
County AFSCME
PEA
SPSO
Loca170
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Further, be it resolved that all tax levy savings recognized in this joint powers agreement
by the City will be�l�or future tax relief during the remaining 4 year peiod of time
of t�he joint powers ac,�reementQ,.�� �,,�;s �� ��� � �
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