01-330Council File # C/� �-�
Sheet # .I � v 5 �.
RESOLUTION
Presented
Referred To
"`� �p. C TY, OF
�t
1 WI-IEREAS, [1i�,2`ity of Saint Paul lias placed a liigh priority upon sYund fiscal management; and ' �/
2
3 WI�REAS, tl�e Cily I��s workcd to liave Ramsey County, [he Saint Paul Public Schools and the Saint Paul Port Authority
4 coordin�te tl�cir deUt issu�uce programs with the City; and;
5
6 WHEREAS, tlic City has adopted and updated Budget Goals and Policies: Multi year Drrectron for Guiding the Preparation of
7 Operating and Debt Service 13udgets; and
8
9 WHEREAS, thc City's soand fiscal management was rewarded in 1985 when Standard and Poor's, the national credit rating
10 agency upgr�ded U�e City's credit rating from AA to AA+; and
11
12 WFIEREAS, the M�yor �nd Cily Council have partnered to continue [he City's excellent reputaUon for fiscal management and
13 focus upon lhe ongoing invesUuent in tUe City's strong neighborhoods and We revitalization of the downtown; and
14
15 WHEREAS, Standard and Poor's recenUy evaluated the City for the purpose of raGng the City's credit for the 2001 annual bond
16 s�Ic; and
17
18 WIIEREAS, U�scd upou thc City's performance, Standard and Poor's has upgraded the City's credit raUng to AAA, [he highes[
19 rl�ing possible; �ud
20
21 WHEREAS, this credit r�ling upgrlde is a reward for tl�e yeazs of diligent and creative work by elected officials and City staff;
22
23 NOW, THEREFORE, BE IT RESOLVED, tUat tl�e City Council commends all City staff for the contribu[ion that they have
24 m�de for making Saint Paal a AAA city; and
25
26 BE IT FURTH�R RESOLVED, ihe City Council commends, in particular, the City's par[ners—tUe Capital City Padnership,
27 tl�e S�inl P1u1 Port AidUority �nd ihe Saint Paul Riverfront Development Corporation—for producing strong results in the
28 Cily's ecanotny and qu�lily of lifc; �nd
29
30 BE IT FINALLY RESOLVED, tl��t tl�e City Couneil commends, both as individuals and as representafives for their agency
31 wllc�g»es, tl�c followiug pcople who made presentations to Standard and Poor's: Mayor Norm Coleman, Eruce Beese, Bernie
32 Bnllert, Tom Eggum, Petcr Hamcs, Todd Hurley, Ron Kline, John Labosky, Lorrie Louder, Barb Maynard, Ruth O'Brien,
33 Gregory Page, Roger Puclircitcr, Dick Rupert, Bob Sclireier, Dan Smith, George Splicl�al, Brian Sweeney and Barbara Woolsey.
Requested by Department of:
By: �
Approved by Mayor: Date
By:
' ��
G:\SIIARI;D\Admin\I'innncinl Scrviccs OOicc\AM Rnting-r'solution.wpd
Office of Finaucial Services
gY; ---��� � �/��.,.
For Ap ro ed by City At
By:
Approved, ayor for Submission to
GounciZ '
By:
✓
Rdopted by CounciZ: Date ��_ ���� )y o7p'�/
Adoption Certified by Council 5eoretary
di-���
OATFINITIATEO
March 27, 2001
Councilmember Pat Harris G-8630
TOTAL # OF SIONATURE PACiES
GREEN SHEET
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❑ p1`/AROIINtY � CRYCLiRK
❑nuxeu�senviewwa ❑�WNCW.iiRW�CCTO
❑ WVOR�ORNN/TINf� ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
A resolution coznmending City staff and outside agencies for the contribution they have made for making Saint Paul's bond rating AAA,
the highest rating possible.
PLANNINO COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
AMOUNT OF TRANlACTION 1
SOURCH
(E%PIAIN)
Hm thk pareoNfirm ever xrorked untler a cantract Por thie depeRment7 ,
VES NO
Hes lhit pareoNfirm evar 6een e ctty ompbyee7
YE9 NO
Doee thle peieoNfnm poaeees a ekill rwt normellypoeeeeaed by eny curtenl cfty employ0e?
YE3 Nb
IB �is pereonmrm e terpetetl wntloY!
VE3 NO
COiT/REVENUE BUDOETED (CIRCLE ONE)
No � ���)��
an ewxcw
YES NO
ACTN7TYNUMBER
'.7't;�:._[
Qo-33o
GATEWAY SERVER SITE AGREEMENT
This agreement is by and between the State of Minnesota, acting through its Higher
Education Services Office ("IvIHESO'� and the City of St. Paul by and through the Department of
Libraries ("Organization"). This agreement is a"state contracY' within the meaning of Minnesota
Statutes, Section 16C.05, subd. 2 and the Effective Date shall not occur until all of ffie applicable
statutory requirements have been met.
WITNESSETH that:
WItEREAS, pursuant to the laws ofthe State ofMinnesota for 1997, Ch.183, Art. l, Sec. 2,
subd. 8, 1vIHESO is empowered to implement the Minnesota Library Information �3etwork
("MnLINK'�; and
WFiEREAS, MI��SO will provide certain MnLINK services to Organization via designated
MnLINK Gateway Server Sites; and
WfiEREAS, Organization is willing to manage and operate a designated MnI,INK Gateway
Server Site.
NOW TI�REFORE, the parties hereby agree as follows:
Section 1. EXHIBITS
Exhibit A, MnLINK Gateway Server Site Requirements, is hereby incorporated in and made
a part of this agreement.
Section 2. DEFirTITION5
Capitalized terms used in this agreement and not otherwise defined within the agreement
have the following meanings:
"EffectiveDate" means the latest date of signature by an authorized signatory ofboth parties.
"Mimiesota Library Information Network" means a statewide informarion center that will
link academic libraries, government libraries, public libraries and school librazies throughout
the State of Minnesota so that they will appear to the user to be a single resource.
"MnLINKGateway Server Site"means Organization automationsystemswhichmeetcriteria
established by MuLINK and allow their records to be reached through the MnLINK
Gateway.
"MnLINK Gatewa}�' means an integrated network which allows a user to simultaneously
search multiple databases and Minnesota Organization catalags and which connects
MnLINK Gateway Server Sites to each other.
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�6-330
"Organization" means the organization, city, county or other entity that is a party to this
agreement and operates the designated MnLINK Gateway Service Site which is the subject
of this agreement.
Secfion 3. SCOPE OF WORK
A. Oreanization Obli ag ttOriS. Organization shall operate and manage a designated
MnLINK Gateway Server Site and provide for the following:
Allow searches of its automated catalogue of Organization resources via
MnLINK Gateway.
2. Electronic placement of Interlibrary Loan requests for materials and items
included on the Organization's automated catalogue data base by users
authenticated by MnLINK subject to:
a) statewide interlibrary loan policies and procedures established by
�TEX and the Department of Children, Families and Learning,
Office of Library Development and Services; and
b) such restrictions as the Organization or its members may place on the
loan of materials consistent with 2.a) above.
3. Conformance to Gateway Server Site requirements as listed in Exhibit A and
other requirements that may be adopted by MnLINK.
4. Consideration of libraries outside its primary clientele for participation in its
Organization automated system.
5. Forwazding any written request for information regarding participation in
Organization's automation system and Organization's response to MnI,11�iK.
6. Appointment by Organization of a member to the Gateway Site 5erver
Administrator Group, the Gateway Operations Group and any sunilar groups
that may be established. The organization has the right to be represented in
such groups and shall haue all rights auailable to other members ofthe group.
B. MI-IESO Obli ations. NIHESO shall, either directly or via contracted services
administer the MnLINK Gateway for the benefit of all participants and provide for
the following:
Maintenance of the MnLINK central site operations in Mankato including
installarion of the requisite hardware and software.
2. Organization and authenticated user search of identified Organization
catalogue via MnLINI� Gateway.
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00 _330
3. Organization and authenticated user search ofidenrified elec�onic databases
- via MnLINK Gateway.
4. Organization and authenticated user placement of Interlibrary Loan request
via MnLINK Gateway for materials of other MnLINK participating libraries
subjectto:
a) statewide interlibrary loan policies an procedures established by
MINTTEX andlor the Office of Libracy Development and Services;
b) such restrictions as the Organization or its members may place on the
loan of materials consistent with 4.a) above.
5. Establishment of the Gateway Site Server Administrator Group, the Gateway
Operations Group and any similar groups that may be required. The
organization has the right to be represented in such groups and shall have all
rights available to other members of the group.
6. Consultation with the Gateway Administrator Group prior to adopting any
new requirements.
Section 4. PAYMENT
A. MHESO agrees to pay Organization a one-rime payment of $41,355 for
establishment of a MnI,INK Gateway Server Site in accordance with Exhibit A and
for connection to the MnT.TNK Gateway Server Site by MnLINK. Payment will be
made within sixty (60) days after Effective Date of the agreement.
B. MHESO further agrees to pay Organization a payment of $6,203 for access to and
use of the MnLiNK Gateway Server Site by MnLINI� during fiscal year 00 (July 1,
1999 t]uough June 30, 2000). The initial annual payment will be made to
Organization wittun sixty (60) days after the beginning of the fiscal yeaz.
G Subsequent annual payments will be made to Organization wittrin sixty (60) days
a8er the beginning of subsequent fiscal yeazs. The amount of subsequent annual
payments will be deterniined solely by MI
Section 5. DEFAULT
A. If Organization fails to maintain its MnLINK Gateway Server Site or fails to fulfill
any of its obligations under this agreement, MI��SO may consider Organizarion to
be in default, unless such failure has been caused by an excusable delay. IvIFIESO
agees to give Organization written notice of such default. Organization will have
ten (10) days from the receipt of such norice to pmvide a plan of action that is
acceptable to MF3ES0 to cure the default.
B. If Organization fails to cure the default, MHESO may terminate any unfulfilled
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00-�30
portion of trus agreement. In the event Organization fails to cure the default and the
default is undisputed, Organization will refund to �SO all amounts previously
paid during the fiscal yeaz in which the agreement is terminated.
Secrion 6. DISPUTES
A. Disnute Resolution. Organization and MF�SO will attempt to settle any claim or
conh�oversy arising from this agreement through consultation and negotiation in good
faith and a spirit of mutuai cooperation. If those attempts fail, the dispute will be
mediated by a mediator chosen jointly by Organization and IviFIESO within
thirty (30) days after notice by one of the parties demanding non-binding mediation.
Neither party may unreasonably withhold consent to the selection of a mediator.
Subject to available funding, Organization and MHESO will share the cost of
mediation equally. Notwithstanding the foregoing, if funds are unavailable to either
party, either parry may proceed directly to dispute resolurion in accordance with
pazagraph B. of this seciton. The parties may by mutual agreement complete some
specified but limited discovery about the dispute. The parties may also replace
mediation with some other form ofnon-binding altemate dispute resolution ("ADR'�
procedure. Nothing in this section shall prevent MI�SO or the Organization from
terminaring this agreement for a material breach or for convenience.
B. Unresolved Disputes. Any dispute that cannot be resolved between the parties
through negotiation or mediation within two (2} months after the date of the initial
demand for non-binding mediation may then be submitted by either party to
Minnesota District Court in the Second judicial district or to the United States
District Court for the District of Minnesota for matters otherwise wiUvn its
jurisdiction. Each pazty consents to jurisdiction over it by such a court. The use of
any ADR pmcedures wili not be considered under the doctrine of latches, waiver,
ar estoppel to affect adversely the rights of either party. Either party may resort to
the judicial proceedings described in the paragraph prior to the expiration of the
two-month ADR period if (a) good faith efforts to attempt resolution of the dispute
under these procedures have been unsuccessful or (b) interim relief from the court is
necessary to prevent serious and ineparable injury to such party or any of its
affiliates, agents, empioyees, customers, suppliers, or subcontractors.
C. Performance While Dispute is Pending. Notwithstanding the existence of a dispute,
theparties shali continue without delay to carry out all oftheir responsibilities under
this agreement which are not affected by the dispute. If a party fails to continue
without delay to perform its responsibilities under this agreement, in the
accomplishment of ali undisputed work, any additional cost incurred by the other
parties as a result of such failure to proceed shall be borne by the responsible party.
Section 7. TERM
The term of this agreement is four (4) years from the effective date or through
June 30, �003, wlrichever is sooner.
�
a p_�3o
Section 8. AUDIT RIGHTS
AsrequiredbyMinnesotaStatutes Section 16C.05, Subdivision 5. Organizationshall
maintain books, records, and documents that are relevant to the performance of tlus
agreement. Such books, records and documents of Organization as well as its
accounting procedures and practices that are relevant to the performance of this
agreement, shall be subject to the examination and audit of MEEIESO, the
Commissioner of Adminish and either the Legislative Auditor or the State
Auditor, as appropriate, for a m;n;mum of siz (6) years from the end of this contract.
Section 9. TERNIINATION FOR LACK OF APPROPRIATION OR CONVEI�TIENCE
A. Temunation for Lack of Appropriarion. ff applicable, NIHESO shall take all
reasonable acrions to comply with Minnesota Statutes Sections 16A.15 and 16A.57.
Section 16A.15 provides that a payment may not be made without prior obligation,
and an obligation may not be incurred unless a sufficient unencumbered balance of
funds exist. Secrion 16A.57 provides that, unless otherwise expressly provided by
law, State money may not be spent or applied without an appropriation, an allotrnent
and an issuance of a warrant or electronic fund transfer. If 1VIHESO takes all
reasonable actions to comply with these statutes but nevertheless is unable to do so
(as detemuned in good faith by MHESO), MHESO and Organization will have the
right to terminate this agreement to the extent funds are not auailable without penalty
and upon the same terms and conditions as a terminarion for convenience.
B. Termination for Convenience
i. 1VIHESO or the Commissioner of Administration may ternrinate
performance of work under this agreement in whole or in part whenever for any
reason MHESO or the Commissioner shall determine that such tP*rr+inahon is the
most appropriate acrion for ivIHESO or the State. If IvIHESO or the Commissioner
of Administration elects to terminate this agreement pursuant to this pmvision, the
Organization shall be notified by mail, return receipt requested, at least
thirty (30) days prior to the effective date of such termination. Such notice shall state
the extent of such termination, i.e., whether it is in whole or in part, and if in part, the
extent of the temiivated portion. Termination shall be effective as of the close of
business on the date specified in the notice. After receipt of a norice of termination
for convenience, Organization shall be paid any retention or holdback on payment
accounts attributable to work completed before notice of terminarion.
2. Organization may terninate this agreement whenever for any reason
Organization shall determine that such ternunation is the most appropriate acrion for
Organization. If Organization elects to terminate this agreement pursuant to this
provision, Organization shall notify MF3ES0 by mail, return receipt requested, at
least thiriy (30) days prior to the effective date of such termination. Teimination
shall be effective as of the close of business on the date specified in the notice. After
receipt ofnotice oftermination forconvenience, Organizationwill refundto MHESO
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og��3o
a pmrated aznount of the funds paid by IvIf�SO during the fiscal year in which the
agreement is terminated.
C. CooperarionDurin�Transirion.Or, ni�ationshallcooperatewithandhelpfacilitate
any transition for the provision of contract related services by a different MnLINK
Gateway Server Site or by ivIHESO at any time during or within thiriy (30) days of
the termination of this agreement. Failure to cooperate with and/or withholding any
in£ormation orrecords requested byMHESO or a different vendor ffiat impairs in any
way the transition of the provision of contract related services to a different party
shall constitute a material breach of this agreement, subjecting Organi7ation to
liability for all damages incurred by MF�SO because of such failure.
Notwithstanding the above, MHESO may alternarively choose to consider a breach
of tlus section an event of default, and pmceed in accordance with Section 5. This
provision does not apply in the event of a termination for convenience or lack of
appropriation.
Section 10. LIABILITY
The Organization and iviHESO agree that each party will be responsible for its own
acts and the results thereof to the extent authorized by law and sha11 not be
responsible for the acts of any others and the results thereof. MHESO's liability shall
be governed by the pmvisions ofthe Minnesota Tort Claims Act, Minn. Stat. §3.736,
and other applicable law. The Organization's liability shall be governed by the
provisions of the Municipal Tort Claims Act, Minn. Stat. §466.01 et seq., and other
applicable law.
Section 11. GENERAL
A. Data Practices Act. Organization agrees to comply with the Minnesota Data
Practices Act as it applies to all data provided by the State in accordance with tlris
contract and as it applies to all data created, gathered, generated or acquired in
accordance with this contract.
B. Assi ug�abilitv. This agreement may not be assigned by either party without the prior
written consent of the other parry.
C. Waiver. No covenant, condition, duty, obligation, or undertaldng contained in or
made a part ofthis agreement shall be waived except by the written agreement of the
parties. Forbearance or indulgence in any form or manner by either party in any
regazd whatsoever shall not constitute a waiver of the covenant, condifion, duty
obligation, or undertaking to be kept, performed, or discharged by the other party.
Until complete performance or satisfaction of all such covenants, conditions, duties,
obligations and undertakings, the other party shall have the right to invoke any
remedy available under law or equity, notwithstanding any such forbearance or
indulgence. Waiver of any breach of any provision of this agreement shall not be
deemed a waiver of any prior or subsequent breach. No term or condition of this
agreement shall be held to be waived, modified, or deleted except by an instrument
�
in writing, signed by the parti�s hereto.
Oo _���o
D. Severabilitv. If any provision or portion of this agreement, including items
incorporated by reference, is held to be illegal, invalid, void or unenforceable, then
both MHESO and Organization shall be relieved of all obligations arising under such
provision, that provision will be considered severable, and the remainder of this
agreement (if capable of performance) will remain in full force and effect as if the
invalid provision were not part of this agreement.
E. Headings and Section References. Tfie headings given to the sections of ttris
agreement aze inserted only for convenience and aze not to be construed as part of
this agreement or as a limitation of the scope of the pazticular Section to which the
heading refers.
F. Entire Agreement. This agreement (including the E�ibits) constitutes the entire
agreement of the parties regarding the subject matter of this agreement and
supersedes all previous negotiations, representations, agreements and understandings,
whether written or oral, between the parties relating to such subject matter. This
agreement between the parties shall be independent of and have no effect upon any
other contracts of either pariy.
G. Governine Law. This agreement will be governed by and conshued in accordance
with the laws of State of Minnesota. The pazties shall bring any and ail legal
proceedings arising hereunder in the State of Minnesota, District Court of Ramsey
County. The United States District Court for the State of Minnesota shall be the
venue of any federal action or proceeding arising hereunder in which MI3ES0 is a
P�Y•
H. Soverei�n Iinmunitv. MI�SO dces not waive its sovereign immunity by entering
into this agreement and fully retains all immunities and defenses pmvided by law
with regard to any action based on this agreement. The State of Minnesota and
�SO fully retain a11 immunities and defenses provided by law with regard to any
action based on this agreement. The Organization does not waive its sovereign
immunity by entering into this agreement and fully retains all immunities and
defenses provided by law with regard to any action based on this agreement. The
Organization fully retains all immunities and defenses provided by law with regazd
to any action based on this agreement.
I. Conformance With State and Federal Laws and R ations. Organizarion and
MFTESO each agree to comply with all Minnesota and Federal laws and regulations
that are applicable to this agreement, including those not specificaily mentioned in
the agreement.
3. Personnel Requirements. Organization shall not disc*+*ninate against any employee
or applicant for employment because of race, color, creed, religion, sex, national
origin, age (except asprovidedbylaw),marital status,political affiliation, statuswith
regard to public assistance, sexual orientation, or disability. Organi�ation, its
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ba �-3��0
I�.
officers, employees, Subcon�actors, or any other agent of Organization in
perfonmance ofthe Contract shall act in an independent capacity and not as an officer
or employee of 1VIfIESO. This agreement shall not be construed as a partnerslup or
joint venture between Organization or any subcontractor and MFIESO.
Norices. Notices authorized or required under this agreement must be in writing and
sent to the below address:
MFIESO
ATTN: E. Ann Kelley
Manager of Programs
Higher Education Services Offices
1450 Energy Pazk Drive, Suite 350
Saint Paul, MN 55108
�� �
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In witness whereof, the parties haue caused duly authorized representatives to execute this
agreement on the dates set forth below.
MFIESO
By:
Name: Timothy M. Geraghty
Title: Director of Financial Services
Date:
DEPARTMENT OF ADMIlVISTRATION
By:
Name:
Title:
Date:
MINPiESOTA ATTORNEY GENERAI.
�
ORGANIZATION
ATTN: Doug Guthrie,
LibraryInformation Resources Coordinator
Saint Paul Public Library
90 West Fourth Street
Saint Paul, MN 55102
Title: Department Director
Date: �-� �G
By; � �.�-xv�
City Attorney
Date: 'Y - 3 - � a
(Approved as to form)
By: � 4 �-�--�f
Office inancial Services
Date: � � 3 � ' �
�
t ���.. � 1/� (� / /
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�. - .��
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Ob� 330
E�'HIBIT A: GATEWAY SERVER SITE REQUIREMENTS.
1_ Z39.50 Server Softwaze.
a. Operate Z39.50 server soRware compatible with the version of OCLC's Site
Search WebZ softwaze n,nn;ng on the MnI INK Gateway (at initial implementation, the Gateway
is n,nning WebZ version 4.0 which supports Z39.50 version 2 with some version 3 featutes).
b. Work towazd the goal of operating Z39_50 version 3 softwaze.
2. Z39.50 Athibute Sets.
a Asfazaspossible,fulfilltherequirementsforminimumsupportoftheZ39.50
use, struchue, truncation, and relation attributes recommended in the MINTI'EXILDS "Report ofthe
Z39.50 Attributes Working Group." (currently awaiting approval).
b. Work toward the goal of fulfilling all minimum requirements and as many of
the desirable attributes of the standard as is feasible.
Authenticafion Software.
Operate system software capable of providing patron data to OCLC's Site Search
WebZ for patron authenticarion. Two alternatives include:
a. Operate system software compliant with the 3M Standard Interchange
Pmtocol version 2 for patron data, or
b. Operate authenrication server softwaze custom developed by Organizarion's
systems vendor to inter-operate with the WebZ software.
4. Indexing Bibliographic Records.
a. As faz as possible, index bibliographic records according to the
D�III�IITEX/LDS Indexing Standards and Guidelines for Bibliographic Records.
b. Work towazd fully adhering to the MI1�TITEX/LDS Indexing Standards and
Guidelines for Bibliograpluc Records. (Section F of Standards and Guidelines for Automated
Library Systems).
5. Provide communication line bandwidth, server capacity, and concurrent session
licensing to allow MnLINK Gateway Users access through the Organization's server.
6. Designate two people to act as contacts with the MnLINK operations staff for
technical and functional operations, training, maintenance, and support activities.
7. Provide training and support on WebZ and the OCLC Distributed ILL software for
the librazies affiliated with the Gateway Site. These libraries must have PC workstations of
�
sufficient capacity to utilize an accepted Web browser and Internet access. DD y `� �
8. Provide configuration information as needed to the MnLINK operations staff.
9. Report to the MnLINK operations staffproblems, changes, Organization closures and
other factors that might affect access to the server.
10. Participate in the MnLINK Gateway Server Site Administrators Group and the
MnT.TNK Gateway Server Operations Group and similar groups which may be established.
AG:200983, v. i
�1�
Council File # C/� �-�
Sheet # .I � v 5 �.
RESOLUTION
Presented
Referred To
"`� �p. C TY, OF
�t
1 WI-IEREAS, [1i�,2`ity of Saint Paul lias placed a liigh priority upon sYund fiscal management; and ' �/
2
3 WI�REAS, tl�e Cily I��s workcd to liave Ramsey County, [he Saint Paul Public Schools and the Saint Paul Port Authority
4 coordin�te tl�cir deUt issu�uce programs with the City; and;
5
6 WHEREAS, tlic City has adopted and updated Budget Goals and Policies: Multi year Drrectron for Guiding the Preparation of
7 Operating and Debt Service 13udgets; and
8
9 WHEREAS, thc City's soand fiscal management was rewarded in 1985 when Standard and Poor's, the national credit rating
10 agency upgr�ded U�e City's credit rating from AA to AA+; and
11
12 WFIEREAS, the M�yor �nd Cily Council have partnered to continue [he City's excellent reputaUon for fiscal management and
13 focus upon lhe ongoing invesUuent in tUe City's strong neighborhoods and We revitalization of the downtown; and
14
15 WHEREAS, Standard and Poor's recenUy evaluated the City for the purpose of raGng the City's credit for the 2001 annual bond
16 s�Ic; and
17
18 WIIEREAS, U�scd upou thc City's performance, Standard and Poor's has upgraded the City's credit raUng to AAA, [he highes[
19 rl�ing possible; �ud
20
21 WHEREAS, this credit r�ling upgrlde is a reward for tl�e yeazs of diligent and creative work by elected officials and City staff;
22
23 NOW, THEREFORE, BE IT RESOLVED, tUat tl�e City Council commends all City staff for the contribu[ion that they have
24 m�de for making Saint Paal a AAA city; and
25
26 BE IT FURTH�R RESOLVED, ihe City Council commends, in particular, the City's par[ners—tUe Capital City Padnership,
27 tl�e S�inl P1u1 Port AidUority �nd ihe Saint Paul Riverfront Development Corporation—for producing strong results in the
28 Cily's ecanotny and qu�lily of lifc; �nd
29
30 BE IT FINALLY RESOLVED, tl��t tl�e City Couneil commends, both as individuals and as representafives for their agency
31 wllc�g»es, tl�c followiug pcople who made presentations to Standard and Poor's: Mayor Norm Coleman, Eruce Beese, Bernie
32 Bnllert, Tom Eggum, Petcr Hamcs, Todd Hurley, Ron Kline, John Labosky, Lorrie Louder, Barb Maynard, Ruth O'Brien,
33 Gregory Page, Roger Puclircitcr, Dick Rupert, Bob Sclireier, Dan Smith, George Splicl�al, Brian Sweeney and Barbara Woolsey.
Requested by Department of:
By: �
Approved by Mayor: Date
By:
' ��
G:\SIIARI;D\Admin\I'innncinl Scrviccs OOicc\AM Rnting-r'solution.wpd
Office of Finaucial Services
gY; ---��� � �/��.,.
For Ap ro ed by City At
By:
Approved, ayor for Submission to
GounciZ '
By:
✓
Rdopted by CounciZ: Date ��_ ���� )y o7p'�/
Adoption Certified by Council 5eoretary
di-���
OATFINITIATEO
March 27, 2001
Councilmember Pat Harris G-8630
TOTAL # OF SIONATURE PACiES
GREEN SHEET
on�emnn dRecro�
❑ p1`/AROIINtY � CRYCLiRK
❑nuxeu�senviewwa ❑�WNCW.iiRW�CCTO
❑ WVOR�ORNN/TINf� ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
A resolution coznmending City staff and outside agencies for the contribution they have made for making Saint Paul's bond rating AAA,
the highest rating possible.
PLANNINO COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
AMOUNT OF TRANlACTION 1
SOURCH
(E%PIAIN)
Hm thk pareoNfirm ever xrorked untler a cantract Por thie depeRment7 ,
VES NO
Hes lhit pareoNfirm evar 6een e ctty ompbyee7
YE9 NO
Doee thle peieoNfnm poaeees a ekill rwt normellypoeeeeaed by eny curtenl cfty employ0e?
YE3 Nb
IB �is pereonmrm e terpetetl wntloY!
VE3 NO
COiT/REVENUE BUDOETED (CIRCLE ONE)
No � ���)��
an ewxcw
YES NO
ACTN7TYNUMBER
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GATEWAY SERVER SITE AGREEMENT
This agreement is by and between the State of Minnesota, acting through its Higher
Education Services Office ("IvIHESO'� and the City of St. Paul by and through the Department of
Libraries ("Organization"). This agreement is a"state contracY' within the meaning of Minnesota
Statutes, Section 16C.05, subd. 2 and the Effective Date shall not occur until all of ffie applicable
statutory requirements have been met.
WITNESSETH that:
WItEREAS, pursuant to the laws ofthe State ofMinnesota for 1997, Ch.183, Art. l, Sec. 2,
subd. 8, 1vIHESO is empowered to implement the Minnesota Library Information �3etwork
("MnLINK'�; and
WFiEREAS, MI��SO will provide certain MnLINK services to Organization via designated
MnLINK Gateway Server Sites; and
WfiEREAS, Organization is willing to manage and operate a designated MnI,INK Gateway
Server Site.
NOW TI�REFORE, the parties hereby agree as follows:
Section 1. EXHIBITS
Exhibit A, MnLINK Gateway Server Site Requirements, is hereby incorporated in and made
a part of this agreement.
Section 2. DEFirTITION5
Capitalized terms used in this agreement and not otherwise defined within the agreement
have the following meanings:
"EffectiveDate" means the latest date of signature by an authorized signatory ofboth parties.
"Mimiesota Library Information Network" means a statewide informarion center that will
link academic libraries, government libraries, public libraries and school librazies throughout
the State of Minnesota so that they will appear to the user to be a single resource.
"MnLINKGateway Server Site"means Organization automationsystemswhichmeetcriteria
established by MuLINK and allow their records to be reached through the MnLINK
Gateway.
"MnLINK Gatewa}�' means an integrated network which allows a user to simultaneously
search multiple databases and Minnesota Organization catalags and which connects
MnLINK Gateway Server Sites to each other.
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�6-330
"Organization" means the organization, city, county or other entity that is a party to this
agreement and operates the designated MnLINK Gateway Service Site which is the subject
of this agreement.
Secfion 3. SCOPE OF WORK
A. Oreanization Obli ag ttOriS. Organization shall operate and manage a designated
MnLINK Gateway Server Site and provide for the following:
Allow searches of its automated catalogue of Organization resources via
MnLINK Gateway.
2. Electronic placement of Interlibrary Loan requests for materials and items
included on the Organization's automated catalogue data base by users
authenticated by MnLINK subject to:
a) statewide interlibrary loan policies and procedures established by
�TEX and the Department of Children, Families and Learning,
Office of Library Development and Services; and
b) such restrictions as the Organization or its members may place on the
loan of materials consistent with 2.a) above.
3. Conformance to Gateway Server Site requirements as listed in Exhibit A and
other requirements that may be adopted by MnLINK.
4. Consideration of libraries outside its primary clientele for participation in its
Organization automated system.
5. Forwazding any written request for information regarding participation in
Organization's automation system and Organization's response to MnI,11�iK.
6. Appointment by Organization of a member to the Gateway Site 5erver
Administrator Group, the Gateway Operations Group and any sunilar groups
that may be established. The organization has the right to be represented in
such groups and shall haue all rights auailable to other members ofthe group.
B. MI-IESO Obli ations. NIHESO shall, either directly or via contracted services
administer the MnLINK Gateway for the benefit of all participants and provide for
the following:
Maintenance of the MnLINK central site operations in Mankato including
installarion of the requisite hardware and software.
2. Organization and authenticated user search of identified Organization
catalogue via MnLINI� Gateway.
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3. Organization and authenticated user search ofidenrified elec�onic databases
- via MnLINK Gateway.
4. Organization and authenticated user placement of Interlibrary Loan request
via MnLINK Gateway for materials of other MnLINK participating libraries
subjectto:
a) statewide interlibrary loan policies an procedures established by
MINTTEX andlor the Office of Libracy Development and Services;
b) such restrictions as the Organization or its members may place on the
loan of materials consistent with 4.a) above.
5. Establishment of the Gateway Site Server Administrator Group, the Gateway
Operations Group and any similar groups that may be required. The
organization has the right to be represented in such groups and shall have all
rights available to other members of the group.
6. Consultation with the Gateway Administrator Group prior to adopting any
new requirements.
Section 4. PAYMENT
A. MHESO agrees to pay Organization a one-rime payment of $41,355 for
establishment of a MnI,INK Gateway Server Site in accordance with Exhibit A and
for connection to the MnT.TNK Gateway Server Site by MnLINK. Payment will be
made within sixty (60) days after Effective Date of the agreement.
B. MHESO further agrees to pay Organization a payment of $6,203 for access to and
use of the MnLiNK Gateway Server Site by MnLINI� during fiscal year 00 (July 1,
1999 t]uough June 30, 2000). The initial annual payment will be made to
Organization wittun sixty (60) days after the beginning of the fiscal yeaz.
G Subsequent annual payments will be made to Organization wittrin sixty (60) days
a8er the beginning of subsequent fiscal yeazs. The amount of subsequent annual
payments will be deterniined solely by MI
Section 5. DEFAULT
A. If Organization fails to maintain its MnLINK Gateway Server Site or fails to fulfill
any of its obligations under this agreement, MI��SO may consider Organizarion to
be in default, unless such failure has been caused by an excusable delay. IvIFIESO
agees to give Organization written notice of such default. Organization will have
ten (10) days from the receipt of such norice to pmvide a plan of action that is
acceptable to MF3ES0 to cure the default.
B. If Organization fails to cure the default, MHESO may terminate any unfulfilled
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00-�30
portion of trus agreement. In the event Organization fails to cure the default and the
default is undisputed, Organization will refund to �SO all amounts previously
paid during the fiscal yeaz in which the agreement is terminated.
Secrion 6. DISPUTES
A. Disnute Resolution. Organization and MF�SO will attempt to settle any claim or
conh�oversy arising from this agreement through consultation and negotiation in good
faith and a spirit of mutuai cooperation. If those attempts fail, the dispute will be
mediated by a mediator chosen jointly by Organization and IviFIESO within
thirty (30) days after notice by one of the parties demanding non-binding mediation.
Neither party may unreasonably withhold consent to the selection of a mediator.
Subject to available funding, Organization and MHESO will share the cost of
mediation equally. Notwithstanding the foregoing, if funds are unavailable to either
party, either parry may proceed directly to dispute resolurion in accordance with
pazagraph B. of this seciton. The parties may by mutual agreement complete some
specified but limited discovery about the dispute. The parties may also replace
mediation with some other form ofnon-binding altemate dispute resolution ("ADR'�
procedure. Nothing in this section shall prevent MI�SO or the Organization from
terminaring this agreement for a material breach or for convenience.
B. Unresolved Disputes. Any dispute that cannot be resolved between the parties
through negotiation or mediation within two (2} months after the date of the initial
demand for non-binding mediation may then be submitted by either party to
Minnesota District Court in the Second judicial district or to the United States
District Court for the District of Minnesota for matters otherwise wiUvn its
jurisdiction. Each pazty consents to jurisdiction over it by such a court. The use of
any ADR pmcedures wili not be considered under the doctrine of latches, waiver,
ar estoppel to affect adversely the rights of either party. Either party may resort to
the judicial proceedings described in the paragraph prior to the expiration of the
two-month ADR period if (a) good faith efforts to attempt resolution of the dispute
under these procedures have been unsuccessful or (b) interim relief from the court is
necessary to prevent serious and ineparable injury to such party or any of its
affiliates, agents, empioyees, customers, suppliers, or subcontractors.
C. Performance While Dispute is Pending. Notwithstanding the existence of a dispute,
theparties shali continue without delay to carry out all oftheir responsibilities under
this agreement which are not affected by the dispute. If a party fails to continue
without delay to perform its responsibilities under this agreement, in the
accomplishment of ali undisputed work, any additional cost incurred by the other
parties as a result of such failure to proceed shall be borne by the responsible party.
Section 7. TERM
The term of this agreement is four (4) years from the effective date or through
June 30, �003, wlrichever is sooner.
�
a p_�3o
Section 8. AUDIT RIGHTS
AsrequiredbyMinnesotaStatutes Section 16C.05, Subdivision 5. Organizationshall
maintain books, records, and documents that are relevant to the performance of tlus
agreement. Such books, records and documents of Organization as well as its
accounting procedures and practices that are relevant to the performance of this
agreement, shall be subject to the examination and audit of MEEIESO, the
Commissioner of Adminish and either the Legislative Auditor or the State
Auditor, as appropriate, for a m;n;mum of siz (6) years from the end of this contract.
Section 9. TERNIINATION FOR LACK OF APPROPRIATION OR CONVEI�TIENCE
A. Temunation for Lack of Appropriarion. ff applicable, NIHESO shall take all
reasonable acrions to comply with Minnesota Statutes Sections 16A.15 and 16A.57.
Section 16A.15 provides that a payment may not be made without prior obligation,
and an obligation may not be incurred unless a sufficient unencumbered balance of
funds exist. Secrion 16A.57 provides that, unless otherwise expressly provided by
law, State money may not be spent or applied without an appropriation, an allotrnent
and an issuance of a warrant or electronic fund transfer. If 1VIHESO takes all
reasonable actions to comply with these statutes but nevertheless is unable to do so
(as detemuned in good faith by MHESO), MHESO and Organization will have the
right to terminate this agreement to the extent funds are not auailable without penalty
and upon the same terms and conditions as a terminarion for convenience.
B. Termination for Convenience
i. 1VIHESO or the Commissioner of Administration may ternrinate
performance of work under this agreement in whole or in part whenever for any
reason MHESO or the Commissioner shall determine that such tP*rr+inahon is the
most appropriate acrion for ivIHESO or the State. If IvIHESO or the Commissioner
of Administration elects to terminate this agreement pursuant to this pmvision, the
Organization shall be notified by mail, return receipt requested, at least
thirty (30) days prior to the effective date of such termination. Such notice shall state
the extent of such termination, i.e., whether it is in whole or in part, and if in part, the
extent of the temiivated portion. Termination shall be effective as of the close of
business on the date specified in the notice. After receipt of a norice of termination
for convenience, Organization shall be paid any retention or holdback on payment
accounts attributable to work completed before notice of terminarion.
2. Organization may terninate this agreement whenever for any reason
Organization shall determine that such ternunation is the most appropriate acrion for
Organization. If Organization elects to terminate this agreement pursuant to this
provision, Organization shall notify MF3ES0 by mail, return receipt requested, at
least thiriy (30) days prior to the effective date of such termination. Teimination
shall be effective as of the close of business on the date specified in the notice. After
receipt ofnotice oftermination forconvenience, Organizationwill refundto MHESO
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og��3o
a pmrated aznount of the funds paid by IvIf�SO during the fiscal year in which the
agreement is terminated.
C. CooperarionDurin�Transirion.Or, ni�ationshallcooperatewithandhelpfacilitate
any transition for the provision of contract related services by a different MnLINK
Gateway Server Site or by ivIHESO at any time during or within thiriy (30) days of
the termination of this agreement. Failure to cooperate with and/or withholding any
in£ormation orrecords requested byMHESO or a different vendor ffiat impairs in any
way the transition of the provision of contract related services to a different party
shall constitute a material breach of this agreement, subjecting Organi7ation to
liability for all damages incurred by MF�SO because of such failure.
Notwithstanding the above, MHESO may alternarively choose to consider a breach
of tlus section an event of default, and pmceed in accordance with Section 5. This
provision does not apply in the event of a termination for convenience or lack of
appropriation.
Section 10. LIABILITY
The Organization and iviHESO agree that each party will be responsible for its own
acts and the results thereof to the extent authorized by law and sha11 not be
responsible for the acts of any others and the results thereof. MHESO's liability shall
be governed by the pmvisions ofthe Minnesota Tort Claims Act, Minn. Stat. §3.736,
and other applicable law. The Organization's liability shall be governed by the
provisions of the Municipal Tort Claims Act, Minn. Stat. §466.01 et seq., and other
applicable law.
Section 11. GENERAL
A. Data Practices Act. Organization agrees to comply with the Minnesota Data
Practices Act as it applies to all data provided by the State in accordance with tlris
contract and as it applies to all data created, gathered, generated or acquired in
accordance with this contract.
B. Assi ug�abilitv. This agreement may not be assigned by either party without the prior
written consent of the other parry.
C. Waiver. No covenant, condition, duty, obligation, or undertaldng contained in or
made a part ofthis agreement shall be waived except by the written agreement of the
parties. Forbearance or indulgence in any form or manner by either party in any
regazd whatsoever shall not constitute a waiver of the covenant, condifion, duty
obligation, or undertaking to be kept, performed, or discharged by the other party.
Until complete performance or satisfaction of all such covenants, conditions, duties,
obligations and undertakings, the other party shall have the right to invoke any
remedy available under law or equity, notwithstanding any such forbearance or
indulgence. Waiver of any breach of any provision of this agreement shall not be
deemed a waiver of any prior or subsequent breach. No term or condition of this
agreement shall be held to be waived, modified, or deleted except by an instrument
�
in writing, signed by the parti�s hereto.
Oo _���o
D. Severabilitv. If any provision or portion of this agreement, including items
incorporated by reference, is held to be illegal, invalid, void or unenforceable, then
both MHESO and Organization shall be relieved of all obligations arising under such
provision, that provision will be considered severable, and the remainder of this
agreement (if capable of performance) will remain in full force and effect as if the
invalid provision were not part of this agreement.
E. Headings and Section References. Tfie headings given to the sections of ttris
agreement aze inserted only for convenience and aze not to be construed as part of
this agreement or as a limitation of the scope of the pazticular Section to which the
heading refers.
F. Entire Agreement. This agreement (including the E�ibits) constitutes the entire
agreement of the parties regarding the subject matter of this agreement and
supersedes all previous negotiations, representations, agreements and understandings,
whether written or oral, between the parties relating to such subject matter. This
agreement between the parties shall be independent of and have no effect upon any
other contracts of either pariy.
G. Governine Law. This agreement will be governed by and conshued in accordance
with the laws of State of Minnesota. The pazties shall bring any and ail legal
proceedings arising hereunder in the State of Minnesota, District Court of Ramsey
County. The United States District Court for the State of Minnesota shall be the
venue of any federal action or proceeding arising hereunder in which MI3ES0 is a
P�Y•
H. Soverei�n Iinmunitv. MI�SO dces not waive its sovereign immunity by entering
into this agreement and fully retains all immunities and defenses pmvided by law
with regard to any action based on this agreement. The State of Minnesota and
�SO fully retain a11 immunities and defenses provided by law with regard to any
action based on this agreement. The Organization does not waive its sovereign
immunity by entering into this agreement and fully retains all immunities and
defenses provided by law with regard to any action based on this agreement. The
Organization fully retains all immunities and defenses provided by law with regazd
to any action based on this agreement.
I. Conformance With State and Federal Laws and R ations. Organizarion and
MFTESO each agree to comply with all Minnesota and Federal laws and regulations
that are applicable to this agreement, including those not specificaily mentioned in
the agreement.
3. Personnel Requirements. Organization shall not disc*+*ninate against any employee
or applicant for employment because of race, color, creed, religion, sex, national
origin, age (except asprovidedbylaw),marital status,political affiliation, statuswith
regard to public assistance, sexual orientation, or disability. Organi�ation, its
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ba �-3��0
I�.
officers, employees, Subcon�actors, or any other agent of Organization in
perfonmance ofthe Contract shall act in an independent capacity and not as an officer
or employee of 1VIfIESO. This agreement shall not be construed as a partnerslup or
joint venture between Organization or any subcontractor and MFIESO.
Norices. Notices authorized or required under this agreement must be in writing and
sent to the below address:
MFIESO
ATTN: E. Ann Kelley
Manager of Programs
Higher Education Services Offices
1450 Energy Pazk Drive, Suite 350
Saint Paul, MN 55108
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In witness whereof, the parties haue caused duly authorized representatives to execute this
agreement on the dates set forth below.
MFIESO
By:
Name: Timothy M. Geraghty
Title: Director of Financial Services
Date:
DEPARTMENT OF ADMIlVISTRATION
By:
Name:
Title:
Date:
MINPiESOTA ATTORNEY GENERAI.
�
ORGANIZATION
ATTN: Doug Guthrie,
LibraryInformation Resources Coordinator
Saint Paul Public Library
90 West Fourth Street
Saint Paul, MN 55102
Title: Department Director
Date: �-� �G
By; � �.�-xv�
City Attorney
Date: 'Y - 3 - � a
(Approved as to form)
By: � 4 �-�--�f
Office inancial Services
Date: � � 3 � ' �
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t ���.. � 1/� (� / /
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Ob� 330
E�'HIBIT A: GATEWAY SERVER SITE REQUIREMENTS.
1_ Z39.50 Server Softwaze.
a. Operate Z39.50 server soRware compatible with the version of OCLC's Site
Search WebZ softwaze n,nn;ng on the MnI INK Gateway (at initial implementation, the Gateway
is n,nning WebZ version 4.0 which supports Z39.50 version 2 with some version 3 featutes).
b. Work towazd the goal of operating Z39_50 version 3 softwaze.
2. Z39.50 Athibute Sets.
a Asfazaspossible,fulfilltherequirementsforminimumsupportoftheZ39.50
use, struchue, truncation, and relation attributes recommended in the MINTI'EXILDS "Report ofthe
Z39.50 Attributes Working Group." (currently awaiting approval).
b. Work toward the goal of fulfilling all minimum requirements and as many of
the desirable attributes of the standard as is feasible.
Authenticafion Software.
Operate system software capable of providing patron data to OCLC's Site Search
WebZ for patron authenticarion. Two alternatives include:
a. Operate system software compliant with the 3M Standard Interchange
Pmtocol version 2 for patron data, or
b. Operate authenrication server softwaze custom developed by Organizarion's
systems vendor to inter-operate with the WebZ software.
4. Indexing Bibliographic Records.
a. As faz as possible, index bibliographic records according to the
D�III�IITEX/LDS Indexing Standards and Guidelines for Bibliographic Records.
b. Work towazd fully adhering to the MI1�TITEX/LDS Indexing Standards and
Guidelines for Bibliograpluc Records. (Section F of Standards and Guidelines for Automated
Library Systems).
5. Provide communication line bandwidth, server capacity, and concurrent session
licensing to allow MnLINK Gateway Users access through the Organization's server.
6. Designate two people to act as contacts with the MnLINK operations staff for
technical and functional operations, training, maintenance, and support activities.
7. Provide training and support on WebZ and the OCLC Distributed ILL software for
the librazies affiliated with the Gateway Site. These libraries must have PC workstations of
�
sufficient capacity to utilize an accepted Web browser and Internet access. DD y `� �
8. Provide configuration information as needed to the MnLINK operations staff.
9. Report to the MnLINK operations staffproblems, changes, Organization closures and
other factors that might affect access to the server.
10. Participate in the MnLINK Gateway Server Site Administrators Group and the
MnT.TNK Gateway Server Operations Group and similar groups which may be established.
AG:200983, v. i
�1�
Council File # C/� �-�
Sheet # .I � v 5 �.
RESOLUTION
Presented
Referred To
"`� �p. C TY, OF
�t
1 WI-IEREAS, [1i�,2`ity of Saint Paul lias placed a liigh priority upon sYund fiscal management; and ' �/
2
3 WI�REAS, tl�e Cily I��s workcd to liave Ramsey County, [he Saint Paul Public Schools and the Saint Paul Port Authority
4 coordin�te tl�cir deUt issu�uce programs with the City; and;
5
6 WHEREAS, tlic City has adopted and updated Budget Goals and Policies: Multi year Drrectron for Guiding the Preparation of
7 Operating and Debt Service 13udgets; and
8
9 WHEREAS, thc City's soand fiscal management was rewarded in 1985 when Standard and Poor's, the national credit rating
10 agency upgr�ded U�e City's credit rating from AA to AA+; and
11
12 WFIEREAS, the M�yor �nd Cily Council have partnered to continue [he City's excellent reputaUon for fiscal management and
13 focus upon lhe ongoing invesUuent in tUe City's strong neighborhoods and We revitalization of the downtown; and
14
15 WHEREAS, Standard and Poor's recenUy evaluated the City for the purpose of raGng the City's credit for the 2001 annual bond
16 s�Ic; and
17
18 WIIEREAS, U�scd upou thc City's performance, Standard and Poor's has upgraded the City's credit raUng to AAA, [he highes[
19 rl�ing possible; �ud
20
21 WHEREAS, this credit r�ling upgrlde is a reward for tl�e yeazs of diligent and creative work by elected officials and City staff;
22
23 NOW, THEREFORE, BE IT RESOLVED, tUat tl�e City Council commends all City staff for the contribu[ion that they have
24 m�de for making Saint Paal a AAA city; and
25
26 BE IT FURTH�R RESOLVED, ihe City Council commends, in particular, the City's par[ners—tUe Capital City Padnership,
27 tl�e S�inl P1u1 Port AidUority �nd ihe Saint Paul Riverfront Development Corporation—for producing strong results in the
28 Cily's ecanotny and qu�lily of lifc; �nd
29
30 BE IT FINALLY RESOLVED, tl��t tl�e City Couneil commends, both as individuals and as representafives for their agency
31 wllc�g»es, tl�c followiug pcople who made presentations to Standard and Poor's: Mayor Norm Coleman, Eruce Beese, Bernie
32 Bnllert, Tom Eggum, Petcr Hamcs, Todd Hurley, Ron Kline, John Labosky, Lorrie Louder, Barb Maynard, Ruth O'Brien,
33 Gregory Page, Roger Puclircitcr, Dick Rupert, Bob Sclireier, Dan Smith, George Splicl�al, Brian Sweeney and Barbara Woolsey.
Requested by Department of:
By: �
Approved by Mayor: Date
By:
' ��
G:\SIIARI;D\Admin\I'innncinl Scrviccs OOicc\AM Rnting-r'solution.wpd
Office of Finaucial Services
gY; ---��� � �/��.,.
For Ap ro ed by City At
By:
Approved, ayor for Submission to
GounciZ '
By:
✓
Rdopted by CounciZ: Date ��_ ���� )y o7p'�/
Adoption Certified by Council 5eoretary
di-���
OATFINITIATEO
March 27, 2001
Councilmember Pat Harris G-8630
TOTAL # OF SIONATURE PACiES
GREEN SHEET
on�emnn dRecro�
❑ p1`/AROIINtY � CRYCLiRK
❑nuxeu�senviewwa ❑�WNCW.iiRW�CCTO
❑ WVOR�ORNN/TINf� ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
A resolution coznmending City staff and outside agencies for the contribution they have made for making Saint Paul's bond rating AAA,
the highest rating possible.
PLANNINO COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
AMOUNT OF TRANlACTION 1
SOURCH
(E%PIAIN)
Hm thk pareoNfirm ever xrorked untler a cantract Por thie depeRment7 ,
VES NO
Hes lhit pareoNfirm evar 6een e ctty ompbyee7
YE9 NO
Doee thle peieoNfnm poaeees a ekill rwt normellypoeeeeaed by eny curtenl cfty employ0e?
YE3 Nb
IB �is pereonmrm e terpetetl wntloY!
VE3 NO
COiT/REVENUE BUDOETED (CIRCLE ONE)
No � ���)��
an ewxcw
YES NO
ACTN7TYNUMBER
'.7't;�:._[
Qo-33o
GATEWAY SERVER SITE AGREEMENT
This agreement is by and between the State of Minnesota, acting through its Higher
Education Services Office ("IvIHESO'� and the City of St. Paul by and through the Department of
Libraries ("Organization"). This agreement is a"state contracY' within the meaning of Minnesota
Statutes, Section 16C.05, subd. 2 and the Effective Date shall not occur until all of ffie applicable
statutory requirements have been met.
WITNESSETH that:
WItEREAS, pursuant to the laws ofthe State ofMinnesota for 1997, Ch.183, Art. l, Sec. 2,
subd. 8, 1vIHESO is empowered to implement the Minnesota Library Information �3etwork
("MnLINK'�; and
WFiEREAS, MI��SO will provide certain MnLINK services to Organization via designated
MnLINK Gateway Server Sites; and
WfiEREAS, Organization is willing to manage and operate a designated MnI,INK Gateway
Server Site.
NOW TI�REFORE, the parties hereby agree as follows:
Section 1. EXHIBITS
Exhibit A, MnLINK Gateway Server Site Requirements, is hereby incorporated in and made
a part of this agreement.
Section 2. DEFirTITION5
Capitalized terms used in this agreement and not otherwise defined within the agreement
have the following meanings:
"EffectiveDate" means the latest date of signature by an authorized signatory ofboth parties.
"Mimiesota Library Information Network" means a statewide informarion center that will
link academic libraries, government libraries, public libraries and school librazies throughout
the State of Minnesota so that they will appear to the user to be a single resource.
"MnLINKGateway Server Site"means Organization automationsystemswhichmeetcriteria
established by MuLINK and allow their records to be reached through the MnLINK
Gateway.
"MnLINK Gatewa}�' means an integrated network which allows a user to simultaneously
search multiple databases and Minnesota Organization catalags and which connects
MnLINK Gateway Server Sites to each other.
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�6-330
"Organization" means the organization, city, county or other entity that is a party to this
agreement and operates the designated MnLINK Gateway Service Site which is the subject
of this agreement.
Secfion 3. SCOPE OF WORK
A. Oreanization Obli ag ttOriS. Organization shall operate and manage a designated
MnLINK Gateway Server Site and provide for the following:
Allow searches of its automated catalogue of Organization resources via
MnLINK Gateway.
2. Electronic placement of Interlibrary Loan requests for materials and items
included on the Organization's automated catalogue data base by users
authenticated by MnLINK subject to:
a) statewide interlibrary loan policies and procedures established by
�TEX and the Department of Children, Families and Learning,
Office of Library Development and Services; and
b) such restrictions as the Organization or its members may place on the
loan of materials consistent with 2.a) above.
3. Conformance to Gateway Server Site requirements as listed in Exhibit A and
other requirements that may be adopted by MnLINK.
4. Consideration of libraries outside its primary clientele for participation in its
Organization automated system.
5. Forwazding any written request for information regarding participation in
Organization's automation system and Organization's response to MnI,11�iK.
6. Appointment by Organization of a member to the Gateway Site 5erver
Administrator Group, the Gateway Operations Group and any sunilar groups
that may be established. The organization has the right to be represented in
such groups and shall haue all rights auailable to other members ofthe group.
B. MI-IESO Obli ations. NIHESO shall, either directly or via contracted services
administer the MnLINK Gateway for the benefit of all participants and provide for
the following:
Maintenance of the MnLINK central site operations in Mankato including
installarion of the requisite hardware and software.
2. Organization and authenticated user search of identified Organization
catalogue via MnLINI� Gateway.
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3. Organization and authenticated user search ofidenrified elec�onic databases
- via MnLINK Gateway.
4. Organization and authenticated user placement of Interlibrary Loan request
via MnLINK Gateway for materials of other MnLINK participating libraries
subjectto:
a) statewide interlibrary loan policies an procedures established by
MINTTEX andlor the Office of Libracy Development and Services;
b) such restrictions as the Organization or its members may place on the
loan of materials consistent with 4.a) above.
5. Establishment of the Gateway Site Server Administrator Group, the Gateway
Operations Group and any similar groups that may be required. The
organization has the right to be represented in such groups and shall have all
rights available to other members of the group.
6. Consultation with the Gateway Administrator Group prior to adopting any
new requirements.
Section 4. PAYMENT
A. MHESO agrees to pay Organization a one-rime payment of $41,355 for
establishment of a MnI,INK Gateway Server Site in accordance with Exhibit A and
for connection to the MnT.TNK Gateway Server Site by MnLINK. Payment will be
made within sixty (60) days after Effective Date of the agreement.
B. MHESO further agrees to pay Organization a payment of $6,203 for access to and
use of the MnLiNK Gateway Server Site by MnLINI� during fiscal year 00 (July 1,
1999 t]uough June 30, 2000). The initial annual payment will be made to
Organization wittun sixty (60) days after the beginning of the fiscal yeaz.
G Subsequent annual payments will be made to Organization wittrin sixty (60) days
a8er the beginning of subsequent fiscal yeazs. The amount of subsequent annual
payments will be deterniined solely by MI
Section 5. DEFAULT
A. If Organization fails to maintain its MnLINK Gateway Server Site or fails to fulfill
any of its obligations under this agreement, MI��SO may consider Organizarion to
be in default, unless such failure has been caused by an excusable delay. IvIFIESO
agees to give Organization written notice of such default. Organization will have
ten (10) days from the receipt of such norice to pmvide a plan of action that is
acceptable to MF3ES0 to cure the default.
B. If Organization fails to cure the default, MHESO may terminate any unfulfilled
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portion of trus agreement. In the event Organization fails to cure the default and the
default is undisputed, Organization will refund to �SO all amounts previously
paid during the fiscal yeaz in which the agreement is terminated.
Secrion 6. DISPUTES
A. Disnute Resolution. Organization and MF�SO will attempt to settle any claim or
conh�oversy arising from this agreement through consultation and negotiation in good
faith and a spirit of mutuai cooperation. If those attempts fail, the dispute will be
mediated by a mediator chosen jointly by Organization and IviFIESO within
thirty (30) days after notice by one of the parties demanding non-binding mediation.
Neither party may unreasonably withhold consent to the selection of a mediator.
Subject to available funding, Organization and MHESO will share the cost of
mediation equally. Notwithstanding the foregoing, if funds are unavailable to either
party, either parry may proceed directly to dispute resolurion in accordance with
pazagraph B. of this seciton. The parties may by mutual agreement complete some
specified but limited discovery about the dispute. The parties may also replace
mediation with some other form ofnon-binding altemate dispute resolution ("ADR'�
procedure. Nothing in this section shall prevent MI�SO or the Organization from
terminaring this agreement for a material breach or for convenience.
B. Unresolved Disputes. Any dispute that cannot be resolved between the parties
through negotiation or mediation within two (2} months after the date of the initial
demand for non-binding mediation may then be submitted by either party to
Minnesota District Court in the Second judicial district or to the United States
District Court for the District of Minnesota for matters otherwise wiUvn its
jurisdiction. Each pazty consents to jurisdiction over it by such a court. The use of
any ADR pmcedures wili not be considered under the doctrine of latches, waiver,
ar estoppel to affect adversely the rights of either party. Either party may resort to
the judicial proceedings described in the paragraph prior to the expiration of the
two-month ADR period if (a) good faith efforts to attempt resolution of the dispute
under these procedures have been unsuccessful or (b) interim relief from the court is
necessary to prevent serious and ineparable injury to such party or any of its
affiliates, agents, empioyees, customers, suppliers, or subcontractors.
C. Performance While Dispute is Pending. Notwithstanding the existence of a dispute,
theparties shali continue without delay to carry out all oftheir responsibilities under
this agreement which are not affected by the dispute. If a party fails to continue
without delay to perform its responsibilities under this agreement, in the
accomplishment of ali undisputed work, any additional cost incurred by the other
parties as a result of such failure to proceed shall be borne by the responsible party.
Section 7. TERM
The term of this agreement is four (4) years from the effective date or through
June 30, �003, wlrichever is sooner.
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Section 8. AUDIT RIGHTS
AsrequiredbyMinnesotaStatutes Section 16C.05, Subdivision 5. Organizationshall
maintain books, records, and documents that are relevant to the performance of tlus
agreement. Such books, records and documents of Organization as well as its
accounting procedures and practices that are relevant to the performance of this
agreement, shall be subject to the examination and audit of MEEIESO, the
Commissioner of Adminish and either the Legislative Auditor or the State
Auditor, as appropriate, for a m;n;mum of siz (6) years from the end of this contract.
Section 9. TERNIINATION FOR LACK OF APPROPRIATION OR CONVEI�TIENCE
A. Temunation for Lack of Appropriarion. ff applicable, NIHESO shall take all
reasonable acrions to comply with Minnesota Statutes Sections 16A.15 and 16A.57.
Section 16A.15 provides that a payment may not be made without prior obligation,
and an obligation may not be incurred unless a sufficient unencumbered balance of
funds exist. Secrion 16A.57 provides that, unless otherwise expressly provided by
law, State money may not be spent or applied without an appropriation, an allotrnent
and an issuance of a warrant or electronic fund transfer. If 1VIHESO takes all
reasonable actions to comply with these statutes but nevertheless is unable to do so
(as detemuned in good faith by MHESO), MHESO and Organization will have the
right to terminate this agreement to the extent funds are not auailable without penalty
and upon the same terms and conditions as a terminarion for convenience.
B. Termination for Convenience
i. 1VIHESO or the Commissioner of Administration may ternrinate
performance of work under this agreement in whole or in part whenever for any
reason MHESO or the Commissioner shall determine that such tP*rr+inahon is the
most appropriate acrion for ivIHESO or the State. If IvIHESO or the Commissioner
of Administration elects to terminate this agreement pursuant to this pmvision, the
Organization shall be notified by mail, return receipt requested, at least
thirty (30) days prior to the effective date of such termination. Such notice shall state
the extent of such termination, i.e., whether it is in whole or in part, and if in part, the
extent of the temiivated portion. Termination shall be effective as of the close of
business on the date specified in the notice. After receipt of a norice of termination
for convenience, Organization shall be paid any retention or holdback on payment
accounts attributable to work completed before notice of terminarion.
2. Organization may terninate this agreement whenever for any reason
Organization shall determine that such ternunation is the most appropriate acrion for
Organization. If Organization elects to terminate this agreement pursuant to this
provision, Organization shall notify MF3ES0 by mail, return receipt requested, at
least thiriy (30) days prior to the effective date of such termination. Teimination
shall be effective as of the close of business on the date specified in the notice. After
receipt ofnotice oftermination forconvenience, Organizationwill refundto MHESO
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a pmrated aznount of the funds paid by IvIf�SO during the fiscal year in which the
agreement is terminated.
C. CooperarionDurin�Transirion.Or, ni�ationshallcooperatewithandhelpfacilitate
any transition for the provision of contract related services by a different MnLINK
Gateway Server Site or by ivIHESO at any time during or within thiriy (30) days of
the termination of this agreement. Failure to cooperate with and/or withholding any
in£ormation orrecords requested byMHESO or a different vendor ffiat impairs in any
way the transition of the provision of contract related services to a different party
shall constitute a material breach of this agreement, subjecting Organi7ation to
liability for all damages incurred by MF�SO because of such failure.
Notwithstanding the above, MHESO may alternarively choose to consider a breach
of tlus section an event of default, and pmceed in accordance with Section 5. This
provision does not apply in the event of a termination for convenience or lack of
appropriation.
Section 10. LIABILITY
The Organization and iviHESO agree that each party will be responsible for its own
acts and the results thereof to the extent authorized by law and sha11 not be
responsible for the acts of any others and the results thereof. MHESO's liability shall
be governed by the pmvisions ofthe Minnesota Tort Claims Act, Minn. Stat. §3.736,
and other applicable law. The Organization's liability shall be governed by the
provisions of the Municipal Tort Claims Act, Minn. Stat. §466.01 et seq., and other
applicable law.
Section 11. GENERAL
A. Data Practices Act. Organization agrees to comply with the Minnesota Data
Practices Act as it applies to all data provided by the State in accordance with tlris
contract and as it applies to all data created, gathered, generated or acquired in
accordance with this contract.
B. Assi ug�abilitv. This agreement may not be assigned by either party without the prior
written consent of the other parry.
C. Waiver. No covenant, condition, duty, obligation, or undertaldng contained in or
made a part ofthis agreement shall be waived except by the written agreement of the
parties. Forbearance or indulgence in any form or manner by either party in any
regazd whatsoever shall not constitute a waiver of the covenant, condifion, duty
obligation, or undertaking to be kept, performed, or discharged by the other party.
Until complete performance or satisfaction of all such covenants, conditions, duties,
obligations and undertakings, the other party shall have the right to invoke any
remedy available under law or equity, notwithstanding any such forbearance or
indulgence. Waiver of any breach of any provision of this agreement shall not be
deemed a waiver of any prior or subsequent breach. No term or condition of this
agreement shall be held to be waived, modified, or deleted except by an instrument
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in writing, signed by the parti�s hereto.
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D. Severabilitv. If any provision or portion of this agreement, including items
incorporated by reference, is held to be illegal, invalid, void or unenforceable, then
both MHESO and Organization shall be relieved of all obligations arising under such
provision, that provision will be considered severable, and the remainder of this
agreement (if capable of performance) will remain in full force and effect as if the
invalid provision were not part of this agreement.
E. Headings and Section References. Tfie headings given to the sections of ttris
agreement aze inserted only for convenience and aze not to be construed as part of
this agreement or as a limitation of the scope of the pazticular Section to which the
heading refers.
F. Entire Agreement. This agreement (including the E�ibits) constitutes the entire
agreement of the parties regarding the subject matter of this agreement and
supersedes all previous negotiations, representations, agreements and understandings,
whether written or oral, between the parties relating to such subject matter. This
agreement between the parties shall be independent of and have no effect upon any
other contracts of either pariy.
G. Governine Law. This agreement will be governed by and conshued in accordance
with the laws of State of Minnesota. The pazties shall bring any and ail legal
proceedings arising hereunder in the State of Minnesota, District Court of Ramsey
County. The United States District Court for the State of Minnesota shall be the
venue of any federal action or proceeding arising hereunder in which MI3ES0 is a
P�Y•
H. Soverei�n Iinmunitv. MI�SO dces not waive its sovereign immunity by entering
into this agreement and fully retains all immunities and defenses pmvided by law
with regard to any action based on this agreement. The State of Minnesota and
�SO fully retain a11 immunities and defenses provided by law with regard to any
action based on this agreement. The Organization does not waive its sovereign
immunity by entering into this agreement and fully retains all immunities and
defenses provided by law with regard to any action based on this agreement. The
Organization fully retains all immunities and defenses provided by law with regazd
to any action based on this agreement.
I. Conformance With State and Federal Laws and R ations. Organizarion and
MFTESO each agree to comply with all Minnesota and Federal laws and regulations
that are applicable to this agreement, including those not specificaily mentioned in
the agreement.
3. Personnel Requirements. Organization shall not disc*+*ninate against any employee
or applicant for employment because of race, color, creed, religion, sex, national
origin, age (except asprovidedbylaw),marital status,political affiliation, statuswith
regard to public assistance, sexual orientation, or disability. Organi�ation, its
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officers, employees, Subcon�actors, or any other agent of Organization in
perfonmance ofthe Contract shall act in an independent capacity and not as an officer
or employee of 1VIfIESO. This agreement shall not be construed as a partnerslup or
joint venture between Organization or any subcontractor and MFIESO.
Norices. Notices authorized or required under this agreement must be in writing and
sent to the below address:
MFIESO
ATTN: E. Ann Kelley
Manager of Programs
Higher Education Services Offices
1450 Energy Pazk Drive, Suite 350
Saint Paul, MN 55108
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In witness whereof, the parties haue caused duly authorized representatives to execute this
agreement on the dates set forth below.
MFIESO
By:
Name: Timothy M. Geraghty
Title: Director of Financial Services
Date:
DEPARTMENT OF ADMIlVISTRATION
By:
Name:
Title:
Date:
MINPiESOTA ATTORNEY GENERAI.
�
ORGANIZATION
ATTN: Doug Guthrie,
LibraryInformation Resources Coordinator
Saint Paul Public Library
90 West Fourth Street
Saint Paul, MN 55102
Title: Department Director
Date: �-� �G
By; � �.�-xv�
City Attorney
Date: 'Y - 3 - � a
(Approved as to form)
By: � 4 �-�--�f
Office inancial Services
Date: � � 3 � ' �
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E�'HIBIT A: GATEWAY SERVER SITE REQUIREMENTS.
1_ Z39.50 Server Softwaze.
a. Operate Z39.50 server soRware compatible with the version of OCLC's Site
Search WebZ softwaze n,nn;ng on the MnI INK Gateway (at initial implementation, the Gateway
is n,nning WebZ version 4.0 which supports Z39.50 version 2 with some version 3 featutes).
b. Work towazd the goal of operating Z39_50 version 3 softwaze.
2. Z39.50 Athibute Sets.
a Asfazaspossible,fulfilltherequirementsforminimumsupportoftheZ39.50
use, struchue, truncation, and relation attributes recommended in the MINTI'EXILDS "Report ofthe
Z39.50 Attributes Working Group." (currently awaiting approval).
b. Work toward the goal of fulfilling all minimum requirements and as many of
the desirable attributes of the standard as is feasible.
Authenticafion Software.
Operate system software capable of providing patron data to OCLC's Site Search
WebZ for patron authenticarion. Two alternatives include:
a. Operate system software compliant with the 3M Standard Interchange
Pmtocol version 2 for patron data, or
b. Operate authenrication server softwaze custom developed by Organizarion's
systems vendor to inter-operate with the WebZ software.
4. Indexing Bibliographic Records.
a. As faz as possible, index bibliographic records according to the
D�III�IITEX/LDS Indexing Standards and Guidelines for Bibliographic Records.
b. Work towazd fully adhering to the MI1�TITEX/LDS Indexing Standards and
Guidelines for Bibliograpluc Records. (Section F of Standards and Guidelines for Automated
Library Systems).
5. Provide communication line bandwidth, server capacity, and concurrent session
licensing to allow MnLINK Gateway Users access through the Organization's server.
6. Designate two people to act as contacts with the MnLINK operations staff for
technical and functional operations, training, maintenance, and support activities.
7. Provide training and support on WebZ and the OCLC Distributed ILL software for
the librazies affiliated with the Gateway Site. These libraries must have PC workstations of
�
sufficient capacity to utilize an accepted Web browser and Internet access. DD y `� �
8. Provide configuration information as needed to the MnLINK operations staff.
9. Report to the MnLINK operations staffproblems, changes, Organization closures and
other factors that might affect access to the server.
10. Participate in the MnLINK Gateway Server Site Administrators Group and the
MnT.TNK Gateway Server Operations Group and similar groups which may be established.
AG:200983, v. i
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