06-860Council File # � � � �
Green Sheet # 8 �
RESOLUTION `
CITY QF SAtNT PAUL, MINNESOTA `�
Presented by
RESOLVED, that pursuant to Minnesota Statutes 471.59, commonly referred to as the "Joint
2 Powers Act," the proper City of Saint Paul officials are hereby authorized and directed to execute the
3 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 Financial Services to
5 establish a Master Contract with Management Analysis to provide services to the City of Saint Paul.
6 Copies of said agreement shall be kept on file and/or on record in the Office of Financial Services.
RESOLVED, that this Ioint Powers Agreement is approved and a waiver, if necessary, is provided
8 for under the terms of Administrative Code 85.13 Waiver of Certain Contracts (and Exemptions). This
9 waiver is granted to a11ow for the orderly functioning of the City, is not part of a managed competitive
10 process, and the City is, at this time, unable to reasonably develop on a timely basis the capacity or
11 expertise to perform the City service or services proposed to be contract out.
12 RESOLVED, that the attached Joint Powers Agreement shall remain in effect for a duration of
13 three years, until September 30, 2009 by the City of 5aint Paul and the State of Minnesota.
14
Requested by Department of:
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Form Approve,d by City
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Adopted by Council: Date g—o711 �/�lJ�
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CoMact Person & Phone:
L1NDA-CAMRqCTSERVS
68920
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Doc. Type: RESOLU'(lON
E-DOCUment Required:
DocumentConfact:
Contact Phone:
�� ' Green Sheet NO: 3032468
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Action Requested: ,
Authorize execution of a Joint Powers Agreement with the State of Minnesota, Deparhnent of Administrarion, Management Analysis
Division
Appro�e (A) or Reject (R):
Pla�ming Commission
CIB Committee
� CiH p I ., S�enice Commission
IG{i
1. Has this persoNfirtn e�er wrnked under a coMract for this department?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill rwt rwrtnalty possessed by arry
curreM city employee?
Yes No
Explain all yes answers on separete sheetand atfach to green sheet
Iniliating Problem, Issues, OppoRunity (Who, WhaR When, Where, Why):
The City of Saint Paul entered into a five-year, Joint Powers Agreement (JPA) with the State of Minnesota in 2003 for a to[al cost limited
to $50,000 during the life of the Agreement. City departrnents have contracted with the Management Aualysis Division of the State to
pmvide management and organizarionai development services no longer provided by [he City's Human Resources Office due to budget
reductions. Reau[horizing a JPA at this 6me, will allow City deparhnents to continue to use State of Minnesota services over the next
three years, with costs limited to $200,000 durin$ the life the the JPA. This Council Resolution also provides for a waiver, if necessary,
under the terms of Administrative Code 85.13 Waiver for Certain Coutracts (and Exemptions).
Advantages If Approved:
Authorzing the Joint Power Agreement with the State of Minnesota is a collaboradve effort and provides an alternatiave, cost-effective
method of providing consulting services to City departments.
Disadvantages MApproved:
None
•� .::_.. . , '`
SEP p 6 2006
Disadvantages FFNotApproved:
": 1
Total Amount of
Trensaction:
Funding Source:
CostlRevenue Budgeted:
Activity Number.
��unci� #2esearch Center
SEP 0 6 2U06
Councii Research
Financia� Informa5on: The conhact dollars expended with vary depending upon performance requirements in individualized, service
(Exp�ain) P�ans developed as ouUine in Joint Power Agreemeut, Section 2. No project may exceed $50,000
August 30, 2006 7:58 AM Page 1
0 6 -��o
JOINT POWERS AGREEMENT
Between the City of Saint Paul and
The State of Minnesota
THIS AGREEMENT, is made and entered into this _ day of September 2006, by and
between the City of Saint Paul (Ramsey County, MN) 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 Sherburne Avenue, Saint Paul, MN
55155, hereinafrer refened to as "the State."
WHEREAS, the City of Saint Paul and the State of Minnesota, pursuant to the provisions of
Minnesota Staxute 471.59 aze authorized to enter into an agreement to exercise jointly the
governmental powers and functions each has individually; and
WHEREAS, the City's Contract and Analysis Services section of the Office of Financial
Services (CAS)is authorized to establish Master Contracts, including intergovernmental agreements
on behalf of the City of Saint Paul to meet the operating needs of the various City departments; and
WHEREAS, the City wishes to take advantage of the benefits and services of the State's
Management Analysis Division;
NOW, THEREFORE IT IS HEREBY AGREED, by and between the parties hereto as foilows:
Section 1- 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 pianning, organization
evaluation, process flow or process mapping, surveys, or transition services as requested by
the City of Saint Paul. The total cost for any project, including any and all amendments,
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Management Analysis Division_ Invoices shail be directed to each designated City
project manager.
Secfion 5- Insurance: Prior to the commencement of any project pwsuant to this
Agreement, the State shall provide evidence of insurance coverage 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 shall constitute a waiver of the rights, privileges, and benefits that each party
is entitled to under Minnesota Statutes. Each party is responsible for its own acts of
negligence related to performance of services under this Agreement.
Section 6- Payment: That for the 5tate's faithful performance of this Agreement, the City
hereby agrees to compensate the State in the amounts and according to the individual work
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 or subsequent work order or scope of work will be honored by the City. Total
costs for all projects during the term of this Agreement sha11 not exceed $200,000.
Any individual contract for services with a City department sha11 be set forth in a
sepazate agreement as specified in Section 2 above. Any City department entering into a
contract for services with the State must �ave funds budgeted to cover the costs of these
services.
The present hourly rate is $120 per hour, and is subject to change due to annual
adjustments for negotiated State salary settlements and administrative fee increases;
said fees established bv the State Department of Finance, for actual costs incurred in the
provision of the services described herein. The Management Analysis Division shall notify
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the Contract and Analysis Services Manager of any such rate increases in advance of the
effective date whenever possible.
The State shall submit an itemized invoice based on actual hours of service
performed by the State in the previous month or, for smaller contracts, upon completion of
each project. Upon receipt of the invoice and verification of the charges by the Project
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 satisfied that conective action has been taken or completed. This
option is an addition to and not in lieu of the City's right to termination as provided in other
sections of this Agreement. services described herein.
Section 7- Audit: Under Minn. Stat. 16C.05, subd. 5, the City's books, records, documents,
and accounting procedures and practices relevant to this agreement are subject to
examination by the State andfor the State Auditor or Legislative Auditor, as appropriate, for
a minimum of six yeazs from the end of this agreement.
Section 8- 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 wark performed.
Section 9— Indemnification: The State will be responsible for its own acts and behavior
and the results thereof. The State's liability is governed by the Minnesota Tort Ciaims Act,
Minn. Stat. Section 3.736.
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Secrion 10 - 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 Docutnents for all materials and prceesses developed outside of
this Agreement that may be used in the performance of the services described herein.. The City and
State agree that the City shall own all reports and other work products generated specifically for the
City as a result of the services performed under this Agreement.
Section 11— Data Pracrices: 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 Govemment 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 federallaws and regulations on data practices.
IN WITNESS WHEREOF, the City of Saint Paul and the State of Minnesota have
executed this agreement the day and year first above-written.
CITY OF SAINT PAUL
Executed:
Mayor Christopher Coleman/Designee
STATE OF MINNESOTA
Executed:
Judy Plante, Director/Designee
Management Analysis Division
Director, Office of Financial Services
Approved as to form:
Materials Management Division
Assistant City Attorney