Loading...
03-394Council File # 03 - 3� 3 �(� � G �� A L Green Sheet # 205555 �O S S S.5 U RESOLUTION CITY OF SAINT PAUL, MINNESOTA ^ Presented By _Parks and�j��� � /n� , i Referred to Committee: Date 1 2 3 4 5 6 � 10 11 Whereas the Como Zoo and Conservatory Campus has received an Innovation Grant to install a new phone system; and Whereas, the new phone system is to be activated Apri128 when employees move into the newly renovated Main Zoo Building; and Whereas the city needs fo enter info an agreement with Qwesf to provide the necessary hunk lines and a copy of that agreement is attached; and Whereas Qwest requires that an indemnification clause be included as part of the agreement for the city to receive the lowest price, which represents a savings of $300 per month compared to a contract without an indemnificarion clause; and Whereas the City Attorney has determined that the indemnification must be approved by the City Council. 12 Therefore, be it resolved that the City Council approves the indemnification in the Qwest agreement 13 and authorizes the appropriate city officials to enter into the agreement with Qwest for trw�k line 14 service at the Como Zoo and Conservatory Campus. �� Yeas Nays Absent �� Benanav �� ✓ �� �� �� � Blakey �� �� �� ✓ �� � sostrom �� ✓ �� �� �� �� Coleman_�� ✓ �� �� �� �� Harris_�� ✓ �� �� II �� Lantry �� ,i �� �� �� I Rei ter � I '� i u Adopted : Adoption By Approv By: Council: Date �� �iD� fied by Council Secretary Mayor: Date: � � Requested by: Division of Parks and Recreation � � �J r_ �L+ai 1 � i��.�rr _I by City Attorney By: by Mayor for DEPARTMENT/OFF1�. DATEINRIATED GREEN SHEET NO. 205555 a3 -'��t3 Par^c�sn��Recreation 4-15-03 CON�ACi PERSON AND PHONE INITWLIDATE INRIAUDATE Liz Mderson 6-6410 i N � oernxrMeur oiaEECroR .�//V �' � CRY COUNQL R UnNG ❑ CITVATfORNEY '/,. ❑ crrvc FRK MUST BE ON CAUNCILAGENDA BY (�AiE) �� ❑ FINANCULLSERVICESDIR. � FINANCIALSFRVlACCTG 416-03 ❑ MAYOR(ORASSISTANi) � TOTALMOFSIGNATUREPAGES � QIPALLLOCA710NSFORSIGNATURE] ACTION REQUESTED: Approval of the City Council to approve the indemnification in the Qwest agreement and authorization for city o�cials to enter into the agreement with Qwest for trunk line service at the Como Zoo and Conservatory Campus. RECOMMENDATIONS� Approve (A) or RejeM (R) PERSONAL SERVICE GONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNINGCOMMISSION 1. Hasihis perso�rtn ever vrorketl untler a contra<t for t�is tlepahmenC? CIBCOMMITTEE YES NO CNIL SERVICE COMMISSION 2. Has ihis person/frtn ever been a cM1y employee? — YE$ NO — 3. Does Nis person/firtn possess a skill nol nortreily possessetl by any wnent city employee? — YES NO — 4. Is this persoNfirm a fargeted vendoR VES NO ExpWin all yes answers on separate sheef antl alfach M green sh¢¢t. INITIATING PROBLEM, ISSUE, OPPORTUNITY (`Nho, What, When, Where, Why): The Como Zoo antl Conservatory has receivetl an Innovation Grant to install a new phone system which is scheduletl to Oe adrvaletl April 28„ when employees move inlo ihe newly mnovatetl ZoWOgipl Builtling. The City needs lo enler into an agreemen� vrith Qwesl to provitle necessary irunk lines Qwest reqmres that an intlemnifcahon clause be indatletl as part of the agreement for ihe dty to recerve the IOwesl pnce. The 59ving5 w0uld be $300 per rtant�. ADVANTAGESIFAPPROVED: \� The new phone service can be installed and Parks and Recreation will save $300 per month in trunk line charges. DISADVANTAGES IF APPROVED: None DISADVANTAGES IF NOTAPPROVED Parks and Recreation would have to sign an agreement which would cost an additional $300 per month. TOTALAMOUNTOFTRANSACTION� O COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDING SOURCE ACTNfTY NUMBER FINANCIAL INFORMATION: (EXPLAIN) H:1wplgreensheetquestapri12003. wpd U3 -3�'b Agreement Number. QWEST'S GROW WITH QWEST PROMOTION AGREEMENT F4R ISDN PRS, ADVANCED DSS, AND/OR UAS ��HIS ?FOMG?IGN�:_ v�==R :S VO t SU°dcCT TO NGaO i iATIvN OR a��/ICiCM c•� C;;STOtv7E'ti Tnis is an Agr�ement be?ween " ("Custome�') and Qwes, Corporation ("QwesY') for the crovision o� Qwest Iniegra?ed Services Digita; Network Prim�r� Rate S2rvic2 ("ISCN PRS'� and/cr Adv2nced �igital Switched Service �vith Rate Stabiliz�d Trunks ("Advanced DSS"} and/or Uniform Access Soiution Sernce ("UAS") (indiwdually and coilectively reierr2d :o as the "Seriice'). SCOPE. 1.1 ISDN PRS: If Customer purchas2s ISDN °RS, 4'west snall prcvide dici:21 ir,r2LATA, intr2staie, switched local exchangz telecemmur.ications service utilizing ISDN PRS technology thac ,ransports and dis�rioutes voice, data, image, and/or �acsimile communications separately or simultaneously over the pubiic, stivitched, local exchange network. ISDN PRS comoonents incfude a DS1 facility, an ISDN PRI configuration, znd trunks as indicated on Exhibit 1, wnicn is incoroorated 'nerein by this reference. ISDN PRS operates at 1.544 megabits oer second (Mbps). It may be comprised of 23 B channels and one D channel, 24 B channels only (248), or 23 B channels and one back-up D channel (238+BUD). Each B Channel transmits voice or data at o4 kilobits per second (Kbos). The D channel carries signaling information at 64 Kbps. 12 ISDN PRS-UAS: If Customer purchasas ISDN PRS, Customer may also selec: Uniform Access Solution Service as an optional feature as that service is defined in the Tariff (defined in Section �.5) under Primary Rate Service. ISDN PRS-UAS Service is a digital service offering with single-number route indexing, which includes a DS1 facility with common equipment and a network connection, which provides for local exchange, toll network access. Each DSt tacility utilizes channels configured as: (a) in-only trunking; or (b) Two-way trunking. 1.3 - Advanced DSS: If Customer purchases Advanced DSS, Qwest shall provide Customer with the usa of a digital DS1 facility (transmission capacity at a maximum speed of 1.544 Mbps), as indicated on Exhibit 1, ard common equipment, linking Customers premises to QwesYs local exchange swiiching office. Advanced DSS also inciudes the use of advanced, flat-usage trunks and DID trunk termination for access to the local exchange and toll networks. 1.4 UAS: If Customer purchases UAS, Qwest shall provide Customer with the use of a digital DS1 facility, as indicated on Exhibit 1, and common equipment, linking Customer's premises to Qwest's local exchange switching office. Service is a digital service offering with singie number route indexing which incfudes a DS1 facility with common equipment and a network connection which provides for local exchange, toll network access. Each DSt faciiity uYilizes cnanneis conrigured as: (a) In-only trunking; or (b) Two-way trunkirg. '.5 Qwest snall provide Service in accordance with the applicable State Tan"rf, Price List, and/or Catalog ("Tanff') which govems Service in the state Service is orovided, and which Tari"rf(s) is incorporated herein by this reference. In siaces where Qwest, is required to offer Service per Tariff, any conflic: between the Tari"rf and this Agreement shall be resolved in favor of the Tariff. 2. TERM. 2.1 Tnis Agr2ement shall become e"rfec:ive on ine date on which it is executed by Qwesi following Cus,omer's execution of ihis Acroemert ("cffec:ive Date") and snall exoire thirty-,�x (30) months from ehe date Service is available ro Cus�omer under ±his Agreement, as eviderczd by Qwest records ("Term"). Tne Minimum Servic2 Penod for Seriic2 is tweive ( i 2) months ("Minimum Ser✓ic2 P2riod"). 22 Pursuarc io statz requiroments, Qwest may be required ?o submit ihis Agreement and any suosequent addenda for Service to the applicable state commission(s) for aoproval. In such an instance, the Eifective Date of this Agreement, or any addenda, may oe delayed untii such timz manaatory fiGng reqwrements are met and aporoved. OO 2003 Qwest Corporation Page 1 Version: 1-29-03 IS�N PRS/Ativanced DSS/UAS ��_�93 2.3 Should Qwest continue to provide Service after the Term, ihe MRCs witi convert to the applicahle month- to-month rates under the terms and conditions of the Tariff. 3. SERVICE PROVIDED. 3.1 Qwest will provide and maintain the Service at ihe locazions and in ihe quantities speciried in Exhibit 1. 32 Qwest shall notify. Customer of the date Service is available �or use. In the event Customer informs Qwest that it is unable or unwilling to accept Service at such time, the subject Service will be held available for Customer �or a period not to' exceed thirty (30) business dzys from such date ("Graca renod'). if afteY the Grace Period, Customer still has not accepted Service, Qwest may, at its sole discretion, either: (i) commence with regular monthly billing for the subject Service; or (ii) terminate che subject Service and �nvoice Customer for any applicable �ermination charges pursuant to Section 6, including the entire NRCs. 4. CHARGES AND BILLING. 4.1 Customer shall pay the total monthly recurring charges ("MRCs") and nonrecurring charges ("NRCs") specified in Exhibit 1, including both the Service MRCs and NRCs, and the Mileage MRCs and NRCs. Customer shall pay each bili in full by the payment due date on each bill ("Due Date"). Any amount owed and not received by Qwest by the Due Date shall be considered past due and subject to a late charge as specified by Tariff, and if there is no such rate specified by Tariff, the late charge shall be equal to one and one haif percent (1Yz%) per month or the maximum allowed by law, whichever is less. The charges for Service under this Agreement, inciuding any and all discounts to which Customer may be entitled, will be offered and charged to Customer independently frorri and regardless of Customer's purchase of any customer premises equipment or enhanced services from Qwest. 4.2 - In addition to the MRCs and NRCs, Customer is responsible for all Taxes assessed in connection with the Service. "Taxes" means any and aii applicable foreign, federal, state and iocal taxes, including without limitation, alI use, sales, value-added, surcharges, excise, franchise, commercial, gross receipts, license, privilege or other similar taxes, levies, surcharges, duties, fees, or other tax-related surcharges, whether charged to or against Qwest or Customer, with respect to the Service, but excluding any taxes based on QwesYS net income. 5. SERVICE CHANGES. 5.1 Moves. Customer may move the physical location of all or part of a Service to another location within a Qwest serving area, provided the following conditions for the move are met: a) Service moved to the new location is provided to Customer by Qwest; b) Customer advises Qwest ihat Service at the new location replaces existina Service; c) Customer's requests for the disconnecfion of the existing Service and the instalfation of Service at the new location are received by Qwest on the same date; d) Customer requests that Qwest install the Service at the new location on or prior to the disconnection date of the existing Service; e) Customer agrees to execute a written amendment evidencing the move; f) Customer agrees to pay the MRCs and NRCs for the Service that will be provided at the new location; and g) Customer agrees to pay: (i) if the move is within the same Qwest wire center, �500 per Facility, and (ii) if the move is to a different Qwest wire center, $1,000 per Faclity. "Facility' means each ISDN PRS, Advanced DSS, or UAS span or facility. 5.2 Additions to Service_ No additional Service or locations may be added following the Eifective Date. 6. TERMINATION. 6.1 Qwest may (a) immediately suspend all or any part of the Service, and/or (b) terminate this Agreement (effective aiter the aoplicabie notice period): (i) for Cause (as defined herein); or (ii) upon written notice ir Customer becomes or is declared insolvent or bankrupt or is the subject of any proceedings reiated to its liquidation, insolvency or for the appointment of a receiver or similar officer for it. "Cause" means the failure of the other party to perform a maferial obligation under this Agreement which failure is not remedied, if curable: (a) in the event of a payment default by Customer, upon eight (8) business days written notice, or (b) in the event of any O 2003 owest Corporation Page 2 Version: 1-29-03 ISDN PRS/Advanced DSS/UAS ��j_�i� other generaf default, upon thirty (30) calendar days, written notice to the other party. Customer may terminate this Agreement for Cause. If Customer tertninates ihls Agreement ior Cause prior to the conc(usion ot the Term, Customer shall remain liable for charges accrued but unpaid as of the termination date. 6.2 If termination of this Agr2ement occurs before Cusiome�'s acceotance of the Service, as evidenced by Qwest records, Customer shall pay Qwest those reasonable costs incurred by Qwest ihrough the date of termination, not to exceed `,he full NRCs. Such charges may include, but are not limited to, all engineering, pian,^,ing, preoaration, materials, supplies, piacement, iaciliiies, acquisition, transporation, instailation, construc?ion, and labor costs incurred by Qwest, and/or other charges speciiied by Tariff. 6.3 If Customer termina±es this Agreement for any reason other than Cause or Qwest terminates this Agreemen? under Section 6.1, Cusiomer shall pay termination charges for Service calculated as follows: the sum of the total MRC for Service terminated, multiolied by the number oi months remaining in each year of the Term, multiplied by the applicable TLA % for each year as identified in Tabie 6.3 below: For newly-installed Service terminated as contemplated by this Section 6.3 during the Minimum Service Period, Customer shall also pay Qwest ail NRCs per circuit that would apply per the Tariff as follows: ISDN PRS $1,700, ISDN PRS-tJAS $1,600, Advanced DSS $1,20Q UAS $1,100. For example, for a 5-year term ISDN PRS on a T1 for two (2) circuits terminating on the middle date of the fourth month of the term, the termination eharges shail be calculated as follows: MRCs Year 1: $(775 x 2) x 8 months x 100% _"�12,400 Year 2: $(775 x 2) x 12 months x 75% _$13,950 Year 3: $(775 x 2) x 12 months x 50% -$ 9,300 Year 4: $(775 x 2) x 12 months x 50°/a =$ 9,300 Year 5: $(775 x 2) x � 2 months x 50°/a =$ 9,300 $54,250 NRCs: $1,700 x 2 = $3,400 Total: $54,250 + $3,400 = $57,650 6.4 A termination charge will be waived when all ot the following conditions are met: (a) Customer discontinues Service and signs a new service agreement(s) for any other Qwest-orovided service; (b) the new service agreement(s) have a total value equai to or greater than one hundred fifteen percent (115%) of the remaining prorated value of this Agreement (excluding any special construction charges, applicable nonrecurring charges, or previousiy billed but unpaid MRCs or NRCs); (c) Customer piaces the orders to discontinue Service and establish new service at the same time; and (d) a minimum service period goes into effect for the new service. "New service" means a newly-installed service(s) piaced under a new sarvice agreement(s), or a newly- instalied addition(s) to an existing service agreement(s), but it does not incfude renewais ot expiring service agreement(s), renegotiations of existing service agreement(s) or conversions from month-to-month service to contracted service. The waiver does not apply to changes between regulated and unregulated products ard services. 7- CREDIT FOR SEr�V10E INTERRUPTIONS. If Qwest causes an interruption to a particular Service, an out-of-service credit for that particular Service will be applied to Customers bill as provided in the Tariif. $- LIMITATION OF LIABILfTY. QW EST, ITS AFFILIATES AND CONTRACTORS SHALL NOT B� LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES OR OO 2003 Qwest Corporation Page 3 Version: 1-29-03 ISDN PRSlAdvanced DSS/UAS '�.�,� � s�� � O� -3q3 FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABiLITY IS ASSERTED AND REGARD�ESS OF WHEfHER QWEST HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. QWEST TOTAL AGGF2-EGATE LIABILITY TO CUSTOMER FOR ANY DAMAGcS OF ANY KIND UNDER THIS AGREEMENT SHALL NOT �XCEED THE APPLICABLE OUT-OF-SERVICE CREDIT(S). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGRE=�IENT. 9• DISCLAIMER OF WARRANTIES. QWEST MAKES NO WARRANTIES, EXPRESS OR IMFL!ED, AS TO ANY SERVICE PROVISIONED HEREUNDER. QWEST SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF i�/IERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, OR NONINFRINGcMENT OF THIRD-P,4RTY RIGHTS. NO ACVICE OR INFORMATION GIVEN BY QWEST, ITS AF=ILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE ENIPLGYEES SHALL CREATE ANY WARRANTY. 10. INDEMNITY. Customer shall derend, indemnify, 2nd hold harmless Qwest, its atfiliates, and contractors from any and all third-party claims, liabilities, costs and expenses, including reasonable attorneys fees, arising from or related to any use, resale, or modification of the Service by Customer. �� se � 11. FORCE MAJEURE. Neither party wili be Iiable for any delay or failure to perform its obligations hereunder if such delay or failure. is caused by an unforeseeable event (other than a failure to comply with payment obligations) beyond the reasonab�e control oi a party, including without limitation: act of God; fire; flood; Iabor strikes or unrest; sabotage; fiber cut; power shortage or power failure, e.g., rolling blackouts; materiai shortages or unavailabifity or other delay in delivery not resulting from the responsible party's failure to timely olace orders therefor; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder; or acts of terrorism. 12,� - DISPUTE RESOLUTION. Any dispute arising out of, or relating to, this Agreement which cannot be resolved by the parties wili be settled by arbitration, which will be conducted in accordance with the Judicial Arbitration and Mediation Services (°JAMS") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, shall govern the arbitrability of the dispute. Either party may initiate arbitration by providing to JAMS a written demand' for arbitration (with a copy to the other party), a copy of this Agreement and the administrative fee required by JAMS. The written demand for arbitration shall be sufficiently detailed to permit the other party to understand the ciaim(s).'and iden�ify witnesses and relevant documents. Except for the administrative fees in commencing the arbitration, or filing any counterclaims, the costs of the arbicration, including arbitrator's fees, shall be shared equally by the paRies; provided, however, that each party shall bear the cost of preparing and presenting its own ciaims and/or defenses (including its own attorneys fees). The arbitration wiii be held in Denver, Colorado. The arbitrator has no authority to award an� �r,���A�r, ;��;,�o. special, punitive, or consequential damages, inciuding damages for lost profits. The arbitrator's decision shall follow the plain meaning ot this Agreement and shall be final, binding, and enforceable in a court of competent jurisdiction. If either party faiis to comply with the dispute resolution process set forth herein (including, without limitation, nonpayment of an arbitration award) and a party is required to resort to court proceedings to eniorce such compliance, then the noncompiying party shail reimburse aii of the costs and expenses incurred by the pariy requesting such eniorcement (including reasonable attorneys fees). Nothing in this Section 12 shall prohibit either party from seeking injunctive relief in any applicable state or federal court. 73. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and Iocal laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will ac; as a modiiication of any contrzct to thai extent without further notice. �4. PUBLICiTY. Neither party shall, wiihout the prior written consent of the other par,y: (a) issue any press release or make ary other public announcement regarding this Agreement or any relation between Customer and Qwest; or (b) use the name, irademarks, or other proprietary identifying symboi of the other party or its affiliates. Such consent by Qwest may be given in the casa of subparagraph (a) only by QwesYs Corporate Communications Deoartment and in the case of subparagraph (b), only by QwesYs Chief Marketing Officer or his OO 2003 Qwest Corporatior Page 4 Version: 1-29-03 ISDN PRS/Advanced DSS/UAS 6 3 -39� designee. Any purported consent by any other person, including any Qwest sales or customer-service representative, is void and of no effect. ' �5. GENERAL PROVISIONS. 15.1 This Agreement m2y be executed in counterparts, each of which shall be deemed an original, but both of whicn taken tocether shall constitute one 2nd the same irstrument. Facsimile signatures shall have the same legal effect as original signatures. 152 Neither partys failure to insist upon sirict performance of any provision of this Agr2ement shall be construed as a waiver of any of its rights hereunder. 15.3 If any provision of this Agreemenf is held to be unenforceable, che uneniorceable provision shall be construed as nearly as possible to reflect the original intent of the parties, and the remaining provisions shall remain in fuil force and effect. 15.4 All terms and provisions of this Agreement which should by their nature survive the termination of this Agreement shall so survive. 15.5 This is a retaii, end-user contract. Customer may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Qwest. Customer may not assign to a reseller or a telecommunications carrier under any circumstances. 15.6 The terms, representations, warranties and agreements of the parties set forth in this Agreement are not intended for, nor shall they be for the benefit of or enforceable by, any person or entity that is not a party. 7�5.7 Except as othenvrse provided herein, afl required notices shalt be in writing, transmitfed to the parties' addrBSSes specified in the signature page, Qwest's Customer billing address, or such other addresses as may be specified by written notice, and will be considered given either: (a) when delivered in person to the recipient named on the signature page; (b) when deposited in either registered or certified U.S. Mail, return receipt requested, postage prepaid; or (c) when delivered to an overnight courier service. 15.8 This Agreement (inciuding the signature page and Exhibit 1) constitutes the entire agreement between Customer and Qwest with respect to the subject matter hereof, and supersedes all prior offers, contracts, agreements, representations and understandings made to or with Customer by Qwest, whether oral or written, relating to the subject matter hereof. Ail amendments to this Agreement shail be in writing and signed by authorized representatives of the parties. Qwest may act in reliance upon any instruction, instrument, or signature reasonably believed by Qwesf to be genui»e. Cus?emer 2�raes rh?t a�� An et Custcmer whc gives any written notice or other irstruction in connection with this Agreement has the authority to do so. [SIGNATURE PAGE FOLLOWSj O 2003 Qwest Corporation Page 5 Version: 1-29-03 ISDN PRS/Advanced DSS/UAS ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Refeaed To Council File # Q3 _ �9 4 Green Sheet # 200107 Committee Date 1 2 3 4 5 6 7 8 9 10 11 12 An Administrative Resolurion establishing the rate of pay for a new classification titled Parks Worker - Golf (seasonal) �! RESOLVED, that Grade 11U be established in Bargaining Unit 72, Groundsworker Loca1132 Salary Schedule, and that Grade 11U and the steps therein be as follows: 1 1040 hrs 2" 1040 hrs 3r 1040 hrs 4`" 1040 hrs $14.50/hr. $15.00/hr. $15.50/hr. $16.00/hr FURTHER RESOLVED, that the rate ofpay for the classification ofParks Worker - Golf (seasonal) be established at the rate sef forth in Grade 1 N of the Bargaining Unit 72, Groundsworker Local 132 Salary Schedule in the Salary Plan and Rates of Compensation; and be it FINALLY RESOLVED, that this resolution shall take effect and be in force on the first pay period following its passage and approval. �, � G�. .,,_ a "' - � DEPARTMENT/OFFICE/COUNCII.: DATE,INIiIATED GREEN SHEET NO.' ZOOLO7 Human Resources 4/9/03 ' � 3-� 1� . CONTACI' PERSON & PHONE: �A7'e 1w17'InUDATE Sheila Williams 266-6520 ��� , �e„x,aua,T �c < cmcou�acu, JohnShockley266-6482�r1�'�` ,y�ict�eu 2cmrAt.rowu�v 1 �! cm , � NUMHFR FOR � MUST BE ON COUNCQ. AGENDA BY (DATE) ROUfI[aG �,wp,�, �� pp� tvantvpnc smviwcc7'c .. oxn�x 3MAYOR<ORlSST.) TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) nCrtotv ReQuesren: Approve the attached resolurion establishing the rate of pay for the new classification tided Pazks Worker - Golf " ' (seasonal). ' RECOMMENDATIONS:Appmve(A)orRejec[(R) PERSONALSERVICECONTRACTSMUSTANSWERTHEFOLLOWINGQUESTIONS: 1. HastLispersodfmmeverwo+kedwderaconnactfortLisdeparmwnY � �. PIANNING COMMISSION Yes No � "� , CB COMMI'I'IEE 2. Has tltis pnsodfirm ever been a ciry employee? CIVILSERVICECOMMISSION Yes No � � 3. DaesthispersoNfmnpossessaslalimtnotmaliypossessedbyaoynv+eutcityemployee? Yes No 4. Is this persoNfvm a tazgeted vendoP Yes No � . Ezplain all yes answen oo sepante sheet end attach to green 5heet �- � INITIATING PROBLEM, ISSUE, OPPORTl1NITY (Who, What, When, Where, Why): The Division of Parks and Recreation requested that Human Resources study the composite duties of a group of posiYions to determine the appropriate classification within the Gxoundsworker job group. Our office determined " that the positions shouid be ailocated to the new classification titled Parks Worker - Golf (seasonal). This tifle will - perform the turf and golf course maintenance tasks for City golf courses. These seasonal positions use knowledge '" of fertilization, turf management, tree care and chemical application. These duties require a special pesticide license to handle needed chemicals. ,. nnv,vvTncES �F nrrxovEn: Appropriate compensation will be assigned to the new classificatian in accordance with , the City's job evaluarion system. , �; ,;� DISADVeNTAGES IF APPROVED:.S313f}' COSt 1S $1�16� -�$1 biweekly and $30 �276 -$33�408 }�e3T1}'. rfi'i �� visnnvaHrne�s iF xoT nrrxovEn: Appropriate compensation will not be assigned to the new classificatian. This may �" limit the City's ability to successfully recruit, hire and retain qualified candidates who possess the lrnawledge, skills � ,r; and training required to effectively maintain, provide care and improve golf courses. Turf management lrnowledge � is required to caze for turf located at speciality facilities and golf courses. � "` roTntnmounTOFrxwnsncnoN: $1,160-$1,280biweekly COST/REVENLTEBUDGETED: Yes and $30,276 - $33,408 yearly '. FUNDII�TG SOURCE: ACTIVITY NUMBER: : FINANCIAL INFORMATION: (EXPLAIl� " , G:1Shared\ClassiflCLASS\Consul[ant-Williams�Sheila'sClassWork�ParksWOrkervGolf,ASStSuperlPW-GGmsht.wpd ' � � OFF7CE OF HUMAN RESOURCES Angela S. Nalezny, Director CTTY OF SAINT PAUL R¢ndy KeT1y, Mayor TO: FROM: DATE: RE: Robert Bierscheid, Director Division ofParks and Recreation Sheila Williams, HR Specialist Office of Human Resources Mazch 25, 2003 400 Ciry Hall Anner 25 West Founh Siree7 Sairst Paul, Minnuota 55102-l631 CLASSIFICATION STUDY RESULT o a 31y Telephone: 651-266-6500 ✓abline: 657-26b6502 Facsimile.' 651-192-7656 Wehavecompletedourstudyofthenewlycreatedpositions thatazecurrentlyvacant. Wehave reviewed relevant job information, interviewed the incumbent and immediate supervisor, and compared the position with related classes and positions. This study indicates that the positions will be working at the Pazks Worker - Golf level. These will be seasonal positions in the Groundsworker bazgaining unit at salary $14.50 to $16.00 for each 1040 hours worked. Should you choose to implement this action, you will need to initiate a requisition and send it through the required process. If you choose not to impiement this, you can undertake other measures to place the positions at a different levei. The process can be simple or involved depending upon the needs of a particular study. It may involve any one or a combinarion of the following: restructuring the duties of the studied positions to reassign higher-level or lower-level duties to other positions, modifying existingprocesses andprocedures, or studying an entire unit - its structure, functions, and operations - for the possibility of a reorganization. If you have any quesrions or need assistance in this matter, please call me at 266-6520. cc: Vincent Gillespie G:ISha�edlClassPCLASSIConsulmnt-WilliamsLShe+la's Class WorklParks Worker-Go(j, AsslSuperlPksN'!a-Go[jDererm.wpd: An Affiimarive Acrion Equal Oppor[unity ADA Employer 03 -� �y CLASS STUDIED: INCUMBENT: C.911��1 t] I���A DATE STUDIED: CLASSIFICATION STUDY REPORT New Vacant Sheila Williams February 26, 2003 PERSONS CONTACTED AL OF Robert Traminell, Parks and Recreation Program Supervisor TION AND COMPEI�SATION MANAGER: •v3 (Date) Background Parks and Recreation Administration has requested a study of newiy comprised responsibilities to determine the appropriate classification and compensation forthe assigned duties. It is expected that 8-10 positions will be assigned these duties, working at golf courses in the Special Services azea of the Division of Parks and Recreation. They will typically report to the Assistant Golf Course Supervisor or the Golf Course Supervisor of the assigned facility and address golf maintenance needs. This study will determine the appropriate classification and compensation level for the proposed new positions. Studv Components Review of job profile Interview with supervisor Comparison to class specifications QES evaluation and analysis Recommendation 3ob Description Positions in this title wiil be expected to perform manual labor in the maintenance, caze and improvement of golf courses of the City. They will utilize tools, equipment and vehicles to ensure that golf courses are maintained. These positions will be required to Irnow and utilize knowledge O� -3qy of fertilization, turf management, tree care, and chemical application. A pesticide applicator's license is required to handle and apply chemical treatments. The studied positions will work in crews with golf laborers and general laborers (e.g., Pazks Worker I, Pazks Worker II�. Specialized golf maintenance duties will be assigned to the studied positions. Typical job duties listed on the proposed job specification inciude golf course maintenance, upgrades and assessments; assisting with inspections; assisting with the huf management program, operating equipment and driving vehicles. Comnarison to Other Positions Pazks Worker I Positions under this title perform routine labor in a pazk, on a playground or other public grounds. The� perform basic labor tasks that require no previous training such as basic caze of grounds, trash removal, cutting grass, watering, keeping areas neat and ciean, building and grounds maintenance and acting as attendants. These positions cannot apply pesticides requiring a pesticide licence ar drive vehicles requiring a CDL license. Once basic labor skills aze developed at the Parks Worker I level, additional skills can be developed to handle the more responsible duties assigned to the studied positions. QES factor comparisons indicate the following levels compare between Pazks Worker I and the studied positions: Knowledge Required and Hazazds and Stress. Parks Worker II Positions under this title perform manual labor required to maintain parks, parkways, golf courses, recreation centers and related structures. These positions inspect and maintain facilities; stock supplies; inspect and maintain grounds; install and maintain fields, courts and rinks; care for grounds; drive vehicles; assist staff specialists; clear and clean outside azeas and assign work to other staf£ These positions cannot apply pesticides requiring a pesticide licence or drive vehicles requiring a CDL license. QES factor comparisons indicate the following levels differbetween Parks Worker II and the studied positions: Knowledge Required, Mental Effort and Hazards and Stress, Physical Effort, Surroundings, Personnel Authority and Units Supervised. Parks Worker III Positions under this classification perform manual labor required to maintain pazks, pazkways, golf courses, recreation centers and related structures, drive vehicles and operate maintenance equipment. They perform the duties assigned to the Parks Worker II positions and perform tttese additional duties: repair and groom athletic fields; maintain court surfaces; handle minor turf maintenance; drive and operate specialized vehicles and equipment; perform prevenrive maintenance on vehicles and equipment; install, remove and repair fences, barriers, backstops; lead the work ofother laborers. 0�-31y These positions are required to have both a CDL licensure and a pesticide license for the application of chemicals. Parks Worker III positions differ from the studied positions because of the broader supervasory role, requirement to drive large vehicles requiring a CDL, and broader, year-round duties. QE5 factor comparisons indicate the following leveis differ between Parks Worker III and the studied positions: Effect of Acrions, Physical Effort, Surroundings and Personnel Authority. Conclusion The studied position will have a different level of responsibility than existing titles with similar duties as supported by QES analysis. Assigned duties are wiUun the realm of the Puks Worker series, but the studied positions will perform specialized duties at golf courses related to ffie caze of huf and grounds. A pesticide license is required to handle certain chemicals. These distinctions indicate a new classification shouid be created for the composite responsibilities. 4. E. S. Evaluation and Analysis The QES analysis supports allocation to the new title of Pazks Worker-Golf in the Groundsworker bargaining unit 72, with steps from $14.50 to $16.00/hour for each 1040 hours worked and grade level 11U. A new specification and ciassification are warranted for the composite assigned duties that are expected to be required and assigned to the classification. Recommendation It is recommended thatthepositionbe allocatedto the Parks Worker-Golfupon notification ofParks and Recreation Administration, notification ofthe Groundsworkerunion and City Council approvai. OFF7CE OF I�Il1MAN RESOURCES Angela S. Nal¢ny, DireMOr CTTY OF SAINT PAUL Randy Ke71}=, Mayor TO: Robert Bierscheid, D'uector 400 Ciry Hall Annex 25 Wes[ Founh S:reet Saint Paul, Minnuota 55102-1631 Division of Pazks and Recreation FROM: Sheila Wiiliams, HR Specialist 1�/'J� Office of Human Resources r DATE: C7�1 March 28, 2003 Twenty Day Notice Telephone: Jobline: Facsimile: 65]-266-6500 657-266-6502 65l-292-7656 � 3� D-<: ' 3 Z,— . � "'" W r t; � �+ G '_ C "' .':' � .Z7 r _. c� c r*? r ' i.:a c� w Pursuant to City of Saint Paul, Civil Service Rule 3. (C) this memorandum is to inform you that the following changes are being made to the Parks Worker job family: Creation of the new classification ritle, Parks Worker - Golf (seasonal) and job specification. Creation of salary grade 1 lU, with the steps as outlined below. ls` 1040 tus 2n 1040 hrs 3' 1040 hrs 4" I OAO hrs $14.50 $I5.00 $15.50 $16.00 Please review this information, including the attachment, and contact me with any questions you may have by Apri121, 2403. You may sign the bottom of ttris document to waive the remainder of your 20 day review period. cc: Vincent Gillespie I have received this memorandum and wish to waive the time remaining on this Twenty- Day Public Norice. �,/ ��.�.Q-�.-� ,3- ��=�3 Signature Date a3 -31y An Af£umative Action Equal Opportunity ADA Employer OFFICE OF HUMAN RESOURCES Angela S. N¢lezny, Dirutor CTTY OF SAIN't PAUL RandyKelly. Mayor March 28, 2003 Gary Reed, Business Manager Tri-Council Laborers I.ocal #132 346 Larpenteur Avenue West SaintPaul,MN 55113 Re: Twenty Day Notice Deaz Mr. Reed: 400 Ciry Hall Annes 25 Wut Founh Street SaintPaul, Minrsesota 55702-163I 0�-39� Telephone: 65I-266-6500 Jobline: 65l-Z66-6502 Facsimile: 651-292-1656 Pursuant to City of Saint Paul, Civil Service Rule 3. (C) this memorandum is to inform you that the following changes aze being made to the Parks Worker job family: Crearion of the new classificarion tifle, Parks Worker - Golf (seasonal) and job specification. Czeation of salary grade 11U, with the steps as outlined below. 1�` 1040 hrs 2n 1040 hrs 3`� 1040 hrs 4�' 1040 hrs $14.50 $15.00 $15.50 $16.00 Please review this infomnation, including the attachment, and contact me with any questions you may have by Apri121, 2003. You may sign the bottom of this document to waive the remainder of your 20 day review period. Sincerely, HR Specialist Human Resources cc: Tom Besaw I have received this memorandum and wish to waive the time remaining on this Twenty-Day Public Notice. ���� ��"" �� `'2 d � 3 Signature Date An �rmarive Action Equal Opportunity ADA Employer The City of Saint Paul Class Specification os-3�y, Proposed Title of Class: PARKS WORKER - GOLF (SEASONAL) CODE: 253B BU: 72 Effective: I�Y�'��Zi7`►[�J �1I�7�:� General Statement o� Dufies: Performs manual labor related to the maintenance, caze and improvement of golf courses; drives vehicles and operates equipment used for mamtenance of golf courses; and performs related duties as required. Sunervision Received: Works under the close technical and general supervision of a unit supervisor; Golf Course Superintendent or Golf Course Assistant Superintendent. Sunervision Exercised: May lead the work of lower level temporary employees as directed. TYPICAL DUTIES PERFORMED The listed examples may not include all the duties performed by all positions in this class. Performs and works with crews engaged in the maintenance activities of a municipal golf course including: inigating; fertilizing; repairing and mowing turf; pruning trees and bushes; and applying chemicals to turf. Performs and works with crews engaged in special pro}ects at a municipal golf course including: rebuilding tees, greens and sandtraps; aerating tees, greens and fairways; installing and repairing draining tiles and irrigation equipment; and building and repairing golf cart paths. Assists as directed with inspecring the condition of the golf course; diagnosing turf diseases and applying the appropriate chemical treatments. , Assists as directed with the implementation of a turf management program. Assists as directed with applying the appropriate chemicals and operaring the equipment needed for effective turf management. Assists as directed with the training of subordinate staff in turf maintenance procedures. Drives and operates specialized vehicles and self-propelled equipment necessary to maintain a municipal golf course, excluding 580D mower and fairway mower. Operates small engine equipment necessary to maintain a municipal golf course. Performs routine preventarive maintenance and makes minor repairs to vehicles, equipment, tools, etc. necessary to maintain a municipal golf course. Follows all safety regularions related to the maintenance of a municipal golf course. Assists as directed with keeping records and reports related to golf course maintenance operations. Maintains a positive relationship with the public and assists with resolving concerns and /or questions regarding golf course acriviries. Adheres to work schedule and hours assigned. PARKS WORKER - GOLF (SEASONAL� Page 1 Proposed Title of Class: COMPETENCIES PARKS WORKER- GOLF (SEASONAL) CODE: 253B BU: 72 u Effecrive: O 1 Demonstrates an understanding of the appropriate work methods for the safe and proper use of tools, machines and equipment used to maintain the golf course grounds; and demonstrates an understanding of the standard methods, pracrices, tools and equipment used to maintain greens on a municipal golf course. Demons�ates an understanding of chemicals used in golf course turf management and their effects, side-effects and proper applicarion methods. Demonstrates an understanding of the procedures and techniques of turf management as they relate to a municipal golf course. Demonstrates an ability to follow established safety practices and care of equipment procedures and demonstrates an ability to physically perform the required maintenance on a municipal golf course. Demonstrates an ability to make minor repairs on equipment, tools and golf course buildings. Demonstrates an ability to deal courteously and effectively with the public; and to work effectively with immediate supervisor, golf shop supervisory staff and Division personnel. Demonstrates an ability to effecrively listen, speak, write and interact within a work group; and demonstrates an ability to listen to and speak with public and staff customers. Demonstrates effective team woxk by being self motivated, accepting and completing assignments within deadlines; and demonstrates a commitment to established customer service standazds. MINIMUM QUALIFICATIONS Must be at least eighteen (18) years of age. Must have 2080 hours of experience as a Pazks Worker I or equivalent. Must possess a valid Minnesota Class D driver's license, or equivalent out-of-state driver's license, with no suspensions for driving related offenses or revocations within the two-year period prior to date of appointment. Must provide proof of Non-Commercial Pesticide Applicator's License including categories A& E to the hiring authority by time of appointment. Must maintain pesticide license. Must be available to work flexible hours and work when required. PARKS WORKER - GOLF (SEASONALI Page 2