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03-31Council File # p 3� 3� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet #�p d 3 S� � Committee: Date 1 WHEREAS, Minnesota Statutes 15.51 et. se�c . provides for the interchange of public employees 2 among various jurisdictions; and 3 WHEREAS, Minnesota Statutes 471.54 et. sec . requires the consent of the governing bodies of 4 political subdivisions to enter into agreements among them for such matters as employee interchanges; and 5 WHEREAS, the City of Saint Paul and the State of Minnesota Office of the Governor desire to enter 6 into an agreement for the intra governmental transfer of Bazbara J. Zusan; and 7 WHEREAS, it is the intent of the Council that the City be reimbursed by the State for all costs 8 incurred by the City as a result of this transfer, including salary, fringe benefits, and pension costs; now 9 therefore, be it 10 RESOLVED, that the proper City officials are authorized to enter into a written agreement consistent 11 with the above recitals and applicable laws. Adop By: Appr sy: Requested by Depart ent o: ♦ � By: Fosm Apgroved by y Attorney ay: a' � Z.J-�^� �Y ve y Mayor for sy�ini � Adopted by Council: Date _� _��� DEp�TME'°T'°�'�'C°""'��.: D"TE "�'���D GREEN SHEET No.• 200357 a-3 -3 � City Attorney 1/7/2003 ' CONTACT PER50N & PHONE: � m�T�n�mATE mrrrALmATE M3RUe1 CETVal1Ye5 DEPARTMEN'T DIR. 3 CITY COUNCS[, MIJST BE ON COUNCII, AGENDA BY (DATE) �IGN I CITY ATTORNEY _ CITY CLERK FINANCIAL SERV DIR FINANCIAL SERV/ACCTG JallllBt'S' 1 S, Z003 g S � R 2 MAYOR (OR ASST.) _ ROi7TING U� ' ORDER TOTAL # OF SIGNAI'URE PAGES _(CLIP ALL LOCATiONS FOR SIGNATURE) ACTION REQUESTED: RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAL SERVICE CON'1'RA4TS MUST ANSWER "ITIE FOLLOWING QUESTIONS: PLANNING COMMISSION 1. Hu this person/firm ever worked under a wntract for this department? CIB COMIvIlTTEE Yes No CIVIL SERVICE COMbIISSION 2. Haz this person/fvm ever been a ciry emptoyee? Yes No 3. Does this person/fivn possess a skill �ot nonnally possessed by any curzent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTONTI'P (Who, What, When, Where, Why): . The State of Minnesota has asked the City to participate in an intra governmental agreement to allow Barb Zusan to perform the dufies of scheduler for the Governor. The State of Minnesota will agree to reimburse the City for all salary, benefits and any related costs associated with the agreement. This resolution authorizes City officials to enter into an agreement, consistent with Minnesota Statutes Section 15.51, which provides far intra governmental exchanges of personnel. This will provide a long-time City employee with an opportunity to gain experience outside the City with no cost to the City. ADVAN'PAGES IF APPROVED: The City will demonstrate a spirit of cooperation with the State of Minnesota Governor's Office. The City will be fully reimbursed for all salary, benefits, and related costs associated with the agreement. - � . �&�`.��' DLSADVANTAGES IF APPROVED: Nbne ,��� � `� ��� DISADVANTAGES IF NOT APPROVED: _ _ " ,,�;. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: F[7NDING SOURCE: ACTIVITY N[JMBER: F[NANCIAL INFORMATION: (EXPLAII� NOIMPACT � �vsERS�zusa��Yo�ms�grcensh«iwpa �3�3/ `- ; AGREEMENT STATE OF MINNESOTA, OFFICE OF THE GOVERNC AND CITY OF SAINT PAUL This agreement is entered into the6� day of January, 2003, by and between the State of Minnesota and the Governor (hereinafter "State") and the City of Saint Paul, City Attorney's Office (hereinafter "City"}. WHEREAS, Barbara Zusan is a regular employee of the City, in the position of Office Manager, with certain rights and benefits as a City employee; and WHEREAS, the parties agree that Barbara Zusan be the subject of an intra governmental mobility agreement from the City to the State to assume the duties described herein; and WHEREAS, this agreement is authorized by and subject to Minnesota Statutes 15.51- 15.59, NOW, THEREFORE, the parties agree as follows: Effective upon approval by the Saint Paul City Council, Barbara Zusan �vill be the subject of this intra governmental mobility agreement from the City to the State for up to t�venty- four (24) months, commencing January 16, 2003. This intra governmental mobility agreement may be extended an additional rivo years upon agreement by the City and the State. 3. Under the direction of Tim Pawlenty, Governor of the State of Minnesota, Barbara Zusan will perform the duties of Assistant to the Govemor, and will serve at the will and pleasure of the Ctovernor. 4. This intra goverrunental mobility agreement may be terminated at any time, �cith a minimum of 30 calendar day notice by either of the parties. 5. The State shall reimburse Barbara Zusan for all expenses incurred which relate to her duties as Assistant to the Governor pursuant to applicable State expense reimburse�nenY policy and procedure provisions. 6. For the duration of this intra govercunental mobility agreement, Barbara Zusan remains an employee of the City and continues to accrue and retain any benefits, seniority, compensation with and only from the City in accordance with any current and subsequently approved agreements, inchiding any increases in compensation that may 03-3 occur during the twenty-four (24) month period of the mobility agreement for which Barbara Zusan would be eligible. The State shall reimburse the City for one hundred (100) percent of Barbara Zusan salary and related fringe benefit costs, on a monthly basis (1/12 of the amival salar} or by some other arrangement as mutually agreed by the State and the City, for the len�th of the mobility a�reement or until such time as one party infomis the other of any salaz�y increases as stated in paragraph six. Actual figures are contained in the attached letter which is incorporated by reference into fliis agreement. 8. Each party is responsibie for its own acts and behavior and the results thereof. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes 3.736. The City's responsibility is governed by the Municipal Tort Claims Act, Minnesota Statutes 466.02. Although the supervision of Barbara Zusan's duties �vill rest exclusively with the State, she is not a State employee and isn't entitied to any State benefits including but not limited to, unemployment benefits, pension, sick and vacation leave, death and medical benefits. 9. Nothing in this intra governmentai mobility agreement, explicitly or implicitly, shall be construed to be an offer or promise of permanent employment to Barbara Zusan with the State. 10. Barbara Zusan retains the right to return to her previous employment with the City upon expiration of the mobility agreement or due to termination of the agreeuient at any time during the twenty-four (24) month period, said retum to the City is subject to the terms of any relevant collective bazgaining agreement and the Civil Service Rules. 11. The City will submit invoices to the State as agreed between the two parties. Final invoices at the end of each fiscal year (the month of December) �vill be submitted no later than January 31 of each calendar year. STATE OF MINNESOTA �� � Governor's Office �u w �Commxssioner Administr � n ��f(�( �1 f SAIIvTT PAUL �iUa�-�� or's Office / City Attorney 03-3 STATE OF MINNESOTA (continued) Bncumbered by: i ` � -� � � .�'S'S'�/9f� CITY OF SAINT PAUL (continued) � Director of Financial Services � i n ' r , � % Director of Human Resources Appr � d as to Form and Execution: 1 l� Attorney eneral Date: � � ��� Approved as to Form: �i�C '� �—�( City Attomey Date:_ .�c.r.� � S � 2��� ,'* Office of The Mayor O�ce of Financial Services Manhew Smith, Director City of Saint Paul Randy C. Ke1[y, Mayor 760 Ciry Ha11 IS West Keltogg Bou[evard Saint Paul, Minnesota 55102-I631 January 13�', 2003 John Pemble Administrative Services Manager Office of the Governor 130 State Capitol Deaz Mr. Pemble: �� I Te[ephone: (657) 266-SS00 Facsimile: (65I) 266-8547 Barb Zusan has been empioyed with the City of Saint Paul since April 1�`, 1971. Her current title is Office Manager. Her bi-weekly salary is $2144.44 and the fringe benefit rate is 30.55 percent. If you need further assistance, please feel free to contact me at 651-266-8811. Sin �•�- /��/- Anna M. Spurr Payroll Clerk AA-ADA-EEO Cmployer