03-705Council File # (� , -'ZW
GreenSheet# .3Q��`�a�
RESOLUTION
SAINT PAUL, MINNESOTA y5
Presented by
Referred To
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Committee Date
1 KESOLVED, that pursuant to Minnesota Stamtes 471.59, commonly refened to as the "Joint
2 Powers Act," the proper City of Saint Paul officials are hereby authorized and directed to execute the
attached joint powers agreement with the State of Minnesota's Department of Administration,
4 Management Analysis Division, said agreement authorizing the City's Office of Human Resources
to contract with Management Analysis to provide services to the Ciry of Saint Paul. Copies of said agreement shall be
kept on file andior on record in the
7 Office of Financia] Services.
RESQL VED, that t3iis Josnt Powers Agreement is approved and a waiver, if necessary, is
9 pzovided for under tha tem�s of Administrative Code 85.13 W aiver f�r Certain Contracts (and
10 Exemptions). This waiver is grantad to allow for the orderly functioning of the City, is not part oY a managed
11 competition process, and tfie Ciry is, at this time, nnable to reasonably develop an a timely basis tt�e capacit}= ar expertise
12 to perform the City service or services proposed to be contracted ouz.
13 RESOLVED, that t�e attached joint powers agreement shall remain in effect for a duration
14 of five years, until July 30, 2008, by the City of Saint Paul and the State of Minnesota.
Adopted by CouncilDate �U/_/�St L, 0?003
by Council Secretary
Requested by Department o£
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By:
Form Approved by City Attomey
By:
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� l� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DePastmeMlotfiee/council: Date Initiated:
� HU — HumanResources - 09JUl-03 Green Sheet NO: 3002420
' Denartrnent SentToPerson InitiaVDate
I Contact Person & Phone:
f LeeAnn Turchin 0 oma R r ���
� 266-65�� Ass'sgn 1 R nrcev DeoartmeotDirector — M r ���"" —
� Must Be on Council Agenda by (Date): Number 2 a �c���7
I 23-JULA3 For —�
Routing 3 a or•s Office 11Sa rlAssistant
Order 4 00
5 " C7 r Ci erlc
Total # of Signature Pages _(Clip All Locations for SignaWre)
Action Requested:
Approval of a Joint Powers Agreement with the State of Minnesota, DepaRment of Adminishation, Management Analysis Division.
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� Recommenda6ons: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Foilowing Questions:
Pianning Commission 7. Has this persoNfirm everworked under a contratt for this department?
Ci8 Committee Yes ho ,
� Civil Service Commissian 2. Has tbis person/firm ever been a ciry employee?
Yes No
� 3. Ooes this person/firtn possess a skill not normally possessed by any
� current city employee?
Yes No
I Explain aN yes answew on separete sMeek and attach to green sheet
� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
1 The City's HR Office has, through budget cuts, reduced their old organfzational development consulting function by more than 50%
� over the last yeaz. Ciry Departmanu/Offices continue to request these services and an altemative method of providing these
necessary services will be to enter into a Joint Powers Ageement with the State of Minnesota. This Council Resolution also provides
for a waiver, if necessary, under the terms of Admin. Code 85.13 Waiver for Cettain Coniracts (& Exemptions).
AdvantaSiES It Approved:
Establishing this Joint Powers Ageement with the State is a collaborative effort and provides an akernative, cost-effective method for
I providing similaz services to CiTy Departments and O�ces.
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Disadvantapes If Approved:
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None. JU� � � ���3
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DisativanpAes If Not Approved:
City Departments or Offices will not use an organiza6onal development approach when that mi�t be the mosf effeciive approach, or
they will contract with higher-cost private consultants.
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� ToWI Amount of �,,�evenue Budgeted: — -
Trensaetion: � � ..
Fundins7 Source: qetivity Number:
Pinanciai Information: '�e contract dollars expended will vary based upon individual performance of service plans developed as
(�P�a�^) outlined in Joint Powers A�eement, Section 2.
03 - �o�
JOINT POWERS AGREEMENT
Befinreen the City of Saint Paui and
The State of Minnesota
THIS AGREEMENT, is made and entered into this _ day of July 2003 by and between
the City of Saint Paul (Ramsey County, MI� hereinafter referred to as"the City" and the State of
Minnesota, Department of Administration, Management Analysis Division, (Ramsey County, MN),
whose address is 203 Administration Building, 50 Sherbume Avenue, Saint Paul, MN 55155,
hereinafter referred to as "the State."
WHEREAS, the City of 5aint Paul and the 5tate of Minnesota, pursuant to the
provisions of Minnesota 5tatute 471.59 are authorized to enter into an agreement to exercise jointly
the governmental powers and functions each has individually; and
WHEREAS, the City's Office of Human Resources is authorized to contract with the State to
provide consulting and facilitating services to the City of Saint Paul to achieve operating efficiencies
and increase effectiveness within City operations; and
WHEREAS, the City wishes to take advantage of these benefits and services;
NOW, THEREFORE IT I3 HEREBY AGREED, by and between the parties hereto as follows:
SERVICES: The State of Minnesota, through its Management Analysis Division
("the State"), may provide quality improvement, customer relations, facilitation
services, business process engineering, organization development, strategic
planning, organization evaluation, process flow or process mapping, surveys, or
h�ansition services as requested by the City of Saint Paul.
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Prior to the commencement of each project, the City and the State shall develop a
written work order for the performance of the services. The work order shali include,
but not be limited to:
• a description of the services to be provided and the expected resuits
• a list of the individuals who will perform the services and the State's hourly rate
• the total number of hours for each of these individuais
• a time line for performing the service with relevant milestones
• a delineation of any City resgonsibilities
• all costs to be charged to the City with a time line with service dates and method
for payment
• a cap on project costs (total obligation)
2. TEItM: The State will commence in providing services foliowing final execution of
this agreement. All services will be completed no later than July 30, 2008.
3. CITY HUMAN RESOURCES ROLE: As agreed upon with the State of Minnesota,
the Management Analysis Division, may provide services directly to Departments
and Offices of the City only through the Office of Human Resources. The City
operation contracting for the services of the Management Analysis Division shall
make payment directiy to the State of Minnesota, Management Analysis Bivision.
4. INSURANCE: Prior to the commencement of any project pursuant to this
Ab eement, the State shali provide evidence of insurance wverage at the levels
mandated by Statute to the City. If self-insured, the evidence may be in the form of a
letter. Nothing in this Agreement shali constitute a waiver of the rights, privileges,
and benefits that each party is entitled to under Minnesota Statutes. Each party is
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responsible for its own acts of negligence related to performance of services under
this Agreement.
5. PAYMENT: That for the State's faithful performance of this Agreement, the City
hereby agrees to compensate the State in ttie amounts and according to the individual
wark order entered into when services are negotiated with a specific City department.
No claim for services and /or costs provided by the State not specifically provided for
in this Agreement will be honored by the City. Total costs for ali pro}ects during the
five-year term of this Agreement shall not exceed $45,000.
Any individual contract for services with a City department shall be set forth in a
separate agreement including a scope of services, timetable for delivezy of services,
an hourly rate, and a cost cap. Any City department entering into a contract for
services with the State must have funds budgeted to cover the costs of these services.
The present hourly rate is $98/hour subject to change due to annual adjushnents for
negotiated State salary settlements and administrative fee increases; said fees
established bv the State Deparhnent of Finance, far actual costs incurred in the
provision of the services described herein.
The state shall submit an itemized invoice upon completion of each project. Upon
receipt of the invoice and verification of the chazges by the Pmject Manager,
payment shall be made by the City to the State within thirty (30) days.
In the event the State fails to comply with any terms or conditions of the Agreement
or to provide in any manner the work or services as agreed to herein, the City
reserves the right to withhold any payment until the City is sarisfied that conective
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action has been taken or completed. This oprion is an addirion to and not in lieu of
the City's right to terminafion as provided in other sections of this Ageement.
services described herein.
6. AUDIT: Under Minn. Stat. 16C.05, subd. 5, the Governmental UniYs books, records,
documents, and accounting procedures and practices relevant to this agreement are
subject to examination by the State and/or the State Auditor or Legislative Auditor,
as appropriate, for a minimum of six yeazs from the end of this agreement.
7. CANCELLATION: This agreement may be canceled by the City or the State at any
time with thirty (30) days written notice to the other party. In this event, the State
shall receive payment on a pro rata basis for the work performed.
8. INDEMNIFICATION: The State wiil be responsible for its own acts and behavior
and the resuits thereof. The State's liability is governed by the Minnesota Tort
Claims Act, Minn. Stat. Section 3.736.
9. INTELLECTUAL PROPERTY: The State owns all rights, title, and interest in all of
the intellectual property rights, including copyrights, patents, trade secrets,
trademarks, and service marks in the Works and Documents created and paid for
under this contract.
10. DATA PRACTICES: All data collected, created, received, maintained or
disseminated for any purposes in the course of the State's perFormance of this
agreement is governed by the Minnesota Government Data Practices Act, Minn.
Statutes Chapter 13, or any other applicable State statutes, any state rules adopted to
implement the Act and statutes, as well as federal laws and regulations on data
practices.
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03-
IN WITNESS WHEREOF, the City of Saint Paul and the State of Minnesota have
executed this agreement the day and yeaz first above-written.
CITY OF SAINT PAUL
Approved:
Mayor Randy Kelly or Designee
Director, Office of Financial Services
STATE OF MINNESOTA
Ap roved.�
l�Gt-..�—�--- � zz o
M ement alysas Division
Materials Management Division
Assistant City Attorney