Loading...
06-204Council File # �� GreenSheet# 3029709 RESOLUTION CITY OF SAWT Presenced � �� 1 WHEREAS, the Board of Water Commissioners and the City of Saint Paul agreed to 2 terms and condirions governing indirect central services to be performed by the City for 3 Saint Paul Regional Water Services for 2006; and 4 5 WHEREAS, staff prepared an Agreement for 2006 Central Services between the parties 6 which provides said terms and conditions, including that the Board reimburse the City 7 $816,765 for said central services; and 9 10 11 12 13 14 15 WFIEREAS, the Board did adopt Board Resolution No. 5067 which approved said Agreement; now, therefore, be it RESOLVED, that th� Agreement for 2006 Central Services between the Boazd of Water Commissioners and the City of Saint Paul is hereby approved, and that the proper officers aze hereby authorized to execute said Agreement on behalf of the City of Saint Paul, with a copy to be kept on file in the City of Saint Paul Office of Financial Services. Yeas Nays Absent Benanav � Bostrom ` Harris � Helgen � Lantry ` Montgomery ` Thune ` � / Adopted by Council: Date /�"/L/-fC/i /��00� Adopuon Certified by Council Secretary By: �.i.� 4�` �SOz Approved by or: Date J "'„ By: ' Requested by Department of: Saint Paul Regional Water Services By: � ene�al Manager Form Approved by City Attorney By: 6�"�6Gt .� /�,Q� Approved by or f Submi ion to Council By: ���Vi,�A.-.% � 6=;ncsncic�� Servic�s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet n� � ��- Departmentlo�celcouncil: Date Initiated: v � w �//� – WaterUnlity 13-FE8-O6 Green Sheet NO: 3029709 j Contact Person & Phone: Deoartment Sent To Person InitiaVDate Steve Schneider � 0 ater tili 66274 /�jyn 1 ater Utili De arhnent Director � I Must Be on Council Agenda by (Date): Number �_ 2 i Attome For ., ,„ , RoUting 3 a or's ce a or/Assistant Order 4 o�a� 5 Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approve council resolution and sign Aa eement between the $oazd of Water Commissioners and the City of Saint Paul for central services to be provided by the City to the Boazd in 2006. Recommendations: Approve (A) or Reject (R): Pers6nal Serviee Contracts Must Answer the Following Questions: Planning Commission t. Has this perso�rm ever worked under a contract for this department? CfB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes Nb Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, VOhen, Where, Why): The attached agieement between tlre Boud and the City establishes what services axe to be peifoimed, how the fee is detexmined, and the cost per service. The [otal chazge for 2006 central services is $816,765.04. The Boazd of Water Commissioners authorized this Agreement by approval of Resolution No. 5067. � Advantapes If Approved: � City will be compensated for services provided to the Boazd. �' 1— � `� �` C� M `d%4 V � :i� �;.RR :�s' DisativantageslfApproved: ° �tA� • ., ",�', . none. `° `' ` . '� `v.;G �./� ! � �������� Disadvantages If Not Approved: Total Amount of $�6765 Cosf/Revenue Budgetetl: y Transaction: F�B j 6+"�� FuntlineSource: g5p ActivitvNumber: pg�g�-0290 Pinancial Information: � v* � r11� (Explain) AGREEMENT between THE BOARD OF WATER COMNIISSIONERS and THE CITY OF SAINT PAUL, NIINNESOTA for 2006 CENTRAL SERVICES This agreement ("agreemenY'), made and entered into this _ of , 2005, by and between the BOARD OF WATER CONIlVIISSIONERS OF THE CITY OF SAINT PAUL, a Municipal Corporation under the laws of the State of Minnesota (`Board"), and the CITY OF SAINT PAUL, MINNESOTA, a home rule charter city under the laws of the State of Minnesota ("City"). WHEREAS, the City currently establishes and charges an annual fee to city departments and the Boazd, known as a fee for central service costs ("Central Service Charge"), which fee reimburses the City for the costs of benefits, services and other transactions that the Board receives from the City and its various departments; attd WHEREAS, the Boazd desires to control its expenses, manage its use of the City's central services, and more effectively budget for the annual Cantral Service Charge expense; and WHEREAS, the Board believes that it can achieve these goals by entering into an agreement with the City for the provision of central services which establishes the annual amount of the Central Service Charge; and WHEREAS, the Board and the City entered into an agreement for 1999 Central Services dated April 13, 1999, and also entered into similaz agreements in subsequent years for Central Service Charges; and WHEREAS, the 2006 Central Services Agreement revises the previous cost allocation formulae from the previous years agreement; and WHEREAS, the Board and the City desire to enter into an agreement for the provision of central C:�DOCOME-1\CORDES�LOCALS-1\TEMP\CENTRAL SERVICES AGREEMENT 2006.DOC services to the Board for the year 2006, with the intent that said agreement be amended each yeaz as part of the subsequent year's budget processes. NOW, TFIEREFORE, in consideration of the terms, covenants, warranties and conditions hereinafter set forth, the parties hereto, intending to be legally bound hereby, mutually agree as follows: Section 1. Central Services. Subject to the terms and conditions of this Agreement, City shall sell, transfer, assign, provide or supply the Board those Central Service benefits, supplies, equipment, services, and operations that are summarized and described in Exhibit A, which is attached hereto. Section 2. Term. The term of this Agreement shall commence on January 1, 2006 and shall expire on December 31, 2006. Section 3. Payment. Subject to the terms and conditions of this Agreement, and in consideration of City's agreement to sell, transfer, assign, provide or supply the Boazd with the Central Services as summazized and described in Exhibit A, Board agrees to pay to Ciry the sum of Eight Hundred Sixteen Thousand Seven Hundred Sixty Five Dollazs and Four cents ($816,765.04) in yeaz 2006. The Boazd shall make this payment to the City by means of twelve (12) monthly installments in the amount of $68,063.75 each, beginning January 1, 2006. In addition, the Board agrees to pay for services provided by: Contract and Analysis Services based on actual costs per transaction and Treasury Investment Management in the amount of 21 basis points on the Board's investments. On or before May 15, 2006 and as a part of the 2007 budget determination process, the City and the Board shall review and may adjust the fee in a manner that is mutually acceptable to both parties. The dollaz amount agreed upon will become the Central Service Charge for 2007. Sect4on 4. Termination. This agreement may be terminatec3 in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given not less than sixty (60) calendar days written nouce of intent to terminate. C:�DOCUME-1\CORDESVACALS-1\T'EMP\CENTRALSERVICESAGREEMENT 2006.DOC 2' Section 5. Successors and Assigns. All terms, covenants, and conditions of this Agreement shall be binding upon, and inure to the benefit of and be enforceable by the parties hereto and their respective successors, heirs, executors and assigns. This Aa eement and the rights and obligations of any party hereunder shall not be assignable except with the written consent of the other parties hereto, which consent shall not be unreasonably withheld. Section 6. Notice. Any notice, request, demand, statement or consent required or pernutted to be given hereunder shall be in writing, shall be signed by or on behalf of the party giving notice, and shall be personally delivered or sent by express service, telecopier, or certified or registered mail, return receipt requested, postage prepaid, to the other party to the respective address given herein below: If to Boazd: General Manager, Saint Paul Regional Water Services McCarrons Center 1900 Rice Street, Office Building Saint Paul, MN 55113 If to City: Director, Office of Financial Services 160 City Hall & Court House 15 West Kellogg Boulevard Saint Paul, MN 55102 Any such notice given as aforesaid shall be conclusively deemed to have been given and received on the day on which such notice was delivered. Either party may, from time to time, furnish, in writing, to the other party, such notice of a change in the address to which notices aze to be given hereunder. Section 7. Incorporation by Reference. Exhibit A attached hereto is hereby incorporated by reference and made a part hereof. Section 8. Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and its terms or covenants hereof may be waived, only by a written C:�DOCUME-1\CORDES�I.00ALS-1\TEMP�CENTRAL SERVICES AGREEMENT 2006.DOC instrument executed by the parties and pursuant to the terms of this Agreement. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. The parties reserve the right by mutual written consent to amend, modify, supersede and cancel this Agreement, or waive the terms or conditions. Section 9. Entire Agreement. This Agreement and the Exhibit attached hereto set forth the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior agreements, arrangements and understandings, written or oral, relating to the subject matter hereof. Section 10. Counterparts. This Agreement may be executed in two or more counterparts, each of which may be deemed an original but together sha11 constitute but one and the same instrument. Section 11. Severability. This Agreement is intended to be performed in accordance with, and only to the extent pernutted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement, or the application thereof to any person or circumstance, sha11, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the extent pernutted by law. [The remainder of this page left intentionally blank.] C:�DOCUME-1\CORDES�I.00ALS-1\TEMP�CENTRAL SERVICES AGREEMENT_2006.DOC q, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf respectively as of the day and year first above written. APPROVED: � Stephen P.Schneider General Manager Approved as to form: I� Assistant City Attorney Approved as to form: � Assistant City Attorney BOARD OF WATER COMiVIISSIONERS OF THE CITY OF SAINT PAUL � Patrick Harris, President � Janet Lindgren, Secretary CITY OF SAINT PAUL, MINNESOTA By Randy Kelly, Mayor By Shari Moore, City Clerk B Matthew G. Smith, Director Office of Financial Services Funding:850-28181-0290 ($732,398.80) C:�DOCUME-ACORDESVACALS-1\TEMP�CENTRAL SERVICES AGREEMENT_2006.DOC 5 E�ibit A Budget Year 2006 Description of Central Services and Costs Per FTE Per FT'E Total cost cost (Based on (SPRWS) 248 FTE's) City Attorney-Civil Division provides counsel and advice to the Mayor, $431 the City Council, and city departments and offices on housing, development, licensing, zoning, labor, and other governmental operations. $431 $107,405.20 City Council is the legislative and policy making body of St. Paul, and $769 $254 $95,942.00 provides policy and financial review to departznent activities, sets Human Resources goals and policies, adopts the annual budgets, and approves resolutions and budget amendments. Citizen Services Of�ce-City Clerk manages the administrative and $124 $124 $30,900.80 record keeping functions for all City Council actions, accepts claims, summons and complaints and other legal documents on the city's behalf, ensures publication of ordinances and public notices, and processes vacation of public right of ways. Citizen Services Office-Information and Complaint serves as an $58 advocate for residential and corporate citizens in responding to requests and complaints about city services, works closely with city departments to improve response times to requests for services, and provides public information regarding city services and events. Financial Services establishes and implements accounting policies and procedures to safeguazd city assets, records all financial transacuons, creates and maintains payroll records, ensures compliance with state and federal laws, works with the Mayor's Office, City Council, and departments to establish and implement annual city operating and capital budgets, and reports on the city's financial condition in accordance with generally accepted accounting principles. General Government Accounts-Financial Forms is the printing expense of the city's annual budgets, financial report, payroll and vendor checks, electronic funds transfer forms, and other miscellaneous financial forms. $19 $4734.80 $474 $474 $118,120.80 $19 $19 $4,734.80 C:�DOCUME-1\CORDESVACALS-1\TEMP�CENTRALSERVICESAGREEMENT 2006.DOC E�ibit A Budget Year 2006 Central Service Benefits, Supplies, Equipment, Services, and Operafions General Government Accounts-Municipal Memberships are the costs of the city's participation and representation in various municipal organizations, such as the Minnesota L,eague of Cities, U. S. Conference of Mayors, and Ramsey County I,eague of Local Governments. General Government Accounts-Surety Bonds are the costs to obtain faithful performance bonds for all employees and officials as security for the faithful performance of their duties. Office of Financial Services upgraded the software and hardware platform operating the City's Financial Management System. Human Resources provides affirmative action functions, recruitment, testing, collective bargaining, training and employee development services, workforce planning, and consulting services. Risk Management administers employee and retiree health care benefit plans and workers' compensation and other benefit plans, negotiates with managed care carriers, coordinates citywide American with Disabilities Act compliance and safety programs, manages tort claims, and works with departments to reduce the number and cost of claims. Human Rights-Contract Compliance reviews city contracts to ensure compliance with city ordinances on affirmative action plans for contractors, and monitors utiliza6on goals of women and people of color on city assisted construction projects. Mayor's Office leads and directs the delivery of city services, sets priorities for city operations, represent the city's interests at the local, state and national levels, and serves as ombudsperson between citizens and neighborhood organizations and city departments. Per FTE Per FTE cost cost (SPRWS) $38 $38 $3 $3 $11 $11 i�' � $925 $69 $441 Total (Based on 248 F1'E's) $9,469.60 $747.60 $2,741.20 $230,510.00 $69 $17,194.80 $441 $109,897.20 C:�DOCUME-1\CORDES�I.00ALS-1\TEMP�CEIYTRpL SERVICES AGREEMENT_2006.DOC 7 E�ibit A Budget Year 2006 Central Service Benefits, Supplies, Equipment, Services, and Operations Subtotal Office of Technology Direct Payment. SPRWS provides most technical service using its own staff, but relies on TMS to provide citywide services like email and the network backbone. Totalfrom 850-28181-0290 Per FTE Per FI'E Total cost cost (Based on (City) (SPRWS) 248 FI'E's) $732,398.80 $84,366.24 $816,765.04 Estimated transaction charges paid from 850-28181-0299 upon receipt of invoices: Contract and Analysis Services Treasury Grand Total 11/29/OS $ 80,000.00 $ 70,000.00 $150,000.00 $966,765.04 C:�DOCUME- 2006.DOC