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07-180Council File # �— (� Green Sheet # 3036897 RESOLUTION f � 4�NT PAUL, MINNESOTA Presented by 1 WAEREAS, the Boazd of Water Commissioners (`Board") and the City of Saint Paul ("City") have agreed to 2 the terms and conditions of an agreement covering direct and indirect central services to be performed by the 3 City for Saint Paul Regional Water Services; and 4 5 6 7 8 9 10 11 12 13 14 15 WIIEREAS, the Boazd has authorized this agreement by approval of Aesolution No. 6033; and WFIEREAS, the Boazd agrees to reimburse the City $925,905 for these services in 2007; and WHEREAS, the Boazd also agrees to reimburse the City for its actual costs to provide Contract and Analysis services and Treasury Investment Management services in 2007, which are estimated to be $15Q000; now, therefore, be it RESOLVED, the pioper City officials ue hereby authorized and directed to execute an agreement with the Board of Water Commissioners to provide central services for 2007. A copy of the agreement will be kept on file in the Office of Financial Services. Requested by Department of: Financial Services By: Matt Smith, Direc[or, Financial Services Form Approved by City Attomey BY: � � s� �', �'r.c�h Ado�tifi by Coun '1 Secretary By: Approved b a o� Date By: Form App ed y Mp}�or for �ssi to Council By: 1 , Form Ap.p�oved� y�A�ancial Sel�jfces BY: F��',;� f� �` L._.V � �� Adopted by Council: Date Z Z�S —o� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � U7'�'O DepartmenUoffice/council: Date Initiated: FS -F���s�.;�� 08-FEB-07 Green Sheet NO: 3036897 Contact Person & Phone: Matt Smith 266-8796 Must Be on Council Aaen Doc. Type: RESOLUTION E-Document Required: N Document ContaM: Contact Phone: Total # of Signature �► Assign Number For Routing Order (Clip All Locations for Signature) 1. Has this persoNfirm everworked undera contrectforthis department? Yes No 2. Has fhis personffrm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Resolution authorizing the City to enter into an ageement with Saint Paul Regional Water Services for the City's provision of cenh services to SPRWS for 2007. iaanons: Npprove (N) or n Planning Commission CIB Committee Civil Service Commission InitiaSing Probiem, Issues, OppoKUnity (Who, What, When, Where, Why): The attached agreement establishes services to be performed, the fee methodology and cost per service. The total central service chazge for 2007 is $925,905. The Board of Water Commissioners authorized [his agreement by approval of resolution no. 6033 on Jan. 9, 2007. Advantages H Approved: City will be compenstaed for services provided to SPRW S. 0 1 2 3 4 5 inancial Secvices ' ancial Services De arlment D'uector ' Attome � oCS Office Ma or/ASSisqut ouncil i Clerk Ci Clerk RECENED ��s 2 0 2om DisadvanWges If Approvetl: Disadvantages If Not Approved: City will not be appropriately compensated for seroices. Towi Amount of $925,905 Transaction: Funding Source: $50 Fi nancial Information: (Explain) � �; ► � ■ p ,� ; r , �' �� C � �������� CosURevenue Budgeted: y '�"" ' ' ' ActivityNumber.2g181-0290 � �a�� : _ ' _la February 14, 2007 9:54 AM Page 1 FEB 21200� . `..� :7 a ■ I � .+� � �-i�'� AGREEMENT Between the BOARD OF WATER COMiVIISSIONERS And the CITY OF SAIlVT PAUL, MINNESOTA for 2007 CENTRAL SERVICES This agreement ("AgreemenY'), made and entered into this 9�' day of January, 2007, 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 PAiTL, a home rule charter city under the laws of the State of Minnesota ("City"). WIIEREAS, the City currently establishes and chazges an annual fee to city departments and the Board, known as a fee for central service costs ("Central Service Charge"), which charge reimburses the City for the costs of benefits, services and other transactions that the Boazd receives from the City and its various departments; and WIiEREAS, the Boazd desires to control its expenses, manage its use of the City's central services, and more effectively budget for the annual Central 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 similar agreements in subsequent yeazs for Central Service Charges; and WHEREAS, the 2007 Central Services Agreement revises the previous Office of Technology formulae from the previous yeazs agreement; and V:�ENGINEERING\CLERICAUBOARD�AGREEMENTSVKLSC\ST_PAUL\CENTRLSHRV�007_O1-09-07.DOC d� \ � WI�REAS, the Board and the City desire to enter into an agreement for the provision of central services to the Boazd for the year 2007, with the intent that said agreement be amended each yeaz as part of the subsequent year's budget process. NOW, THEREFORE, in considerarion 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 Boazd 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, 2007 and shall expire on December 31, 2007. 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 Board with the Central Services as summarized and described in Exhibit A, Board agrees to pay to City the sum of Nine Hundred Twenty Five Thousand Nine Hundred Five Dollars ($925,905) in year 2007. The Board shall make this payment to the City by means of twelve (12) monthly installments in the amount of $77,158.75 each, beginning January l, 2007. In addition, the Board agrees to pay for services provided by: Contract and Analysis Services based on actual costs per transaction and 'I'reasury Investment Management in the amount of 21 basis points on the Board's investments. On or before May 15, 2007 and as a part of the 2008 budget deternunation process, the City and the Board shall review and may adjust the fee in a manner that is mutually acceptable to both V:�ENGINEERIlVG\CLERICAUBOARD�AGREEMENTS�MISC�ST_PAUUCENIRISERV_2007_01-09-07.DOC 2 o�-�g� parties. The dollaz amount agreed upon shall become the Central Service Charge for 2008. Section 4. Termination. This agreement may be terminated 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 tercninating party, provided that no ternunation may be effected unless the other party is given not less than sixty (60) calendar days written notice of intent to ternunate. 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 Agreement and the rights and obligafions 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 permitted 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, certified or registered mail, return receipt requested, postage prepaid, to the other party to the respective address given herein below: If to Board: 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 700 City Hall & Court House 15 West Kellogg Boulevazd 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, V:�ENGIlVEERING\CLERICAUBOARDWGREEMENTSV�IISC�ST_PAUL\CENTRISERV_2007_O1-09-07.DOC 3 ��-� �� furnish, in writing, to the other party, such notice of a change in the address to which notices are 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 oz extended, and its terms or covenants hereof may be waived, only by a written 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 sha11 in no manner affect its right at a later time to enforce the same. The par[ies 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 a11 prior agreements, airangements and understandings, written or ora1, relaring 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 shall constitute but one and the same mstrument. Section 11. Severability. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement, or the application thereof to any person or circumstance, shall, 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 permitted by ]aw. V:�ENGIlVEERIlVG\CLERICAUBOARD�.9GRP,EMENTS�IvQSCVST_PAUUCENTRLSERV_2007_�1-09-07.D�C 4, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in half respectively as of the day and yeaz first above written. / g � Stephen P. Schnei Approved as to form: GeneLal Manager By Assistant City Attorney BOARD OF WATER CCy�1MISS OF THE CITY OF SA�T PAUL By Patrick I� Psesident Lindgren, Secretary CiTY O�' SAINT PAUL, MINNESOTA Coleman, Mayor Approved as to form: By Assistant City Att� Shari oore, City Clerk -� B __�-- _.._ Matthew G. S , Director Office of Financi Services 850-28181-0290 925,905 850-28181-0299 150,000 V �� P.NGINEERING\CLE RIGqI , �gOARD 49 GREEMENTS�MLSC�ST_PAUUCENTRLSERV_2007_O1-09-07.DOC r) [�� � 1 E�ibit A Budget Year 2007 Description of Central Services and Costs City Attorney-Civil Division provides counsel and advice to the Mayor, the City Council, and city departments and offices on housing, development, licensing, zoning, labor, and other governmental operations. City Council is the legislative and policy making body of St. Paul, and provides policy and financial review to department activities, sets Human Resources goals and policies, adopts the annual budgets, and approves resolutions and budget amendments. Citizen Services Office-City Clerk manages the administrative and record keeping functions far 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 Of�ce-Information and Complaint serves as an advocate far 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 regazding city services and events. Financial Services establishes and implements accounting policies and procedures to safeguard city assets, records all financial transactions, 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. Per FTE Per FTE Total cost cost (Based on (SPRWS) 249.1 FTE's) $445 $445 $110,849.50 $750 $375 $93,412.50 $89 $89 $22 E $446 $15 $21 $5,231.10 $446 $111,098.60 $15 $3,736.50 V:�ENGINEERING\CLERICAL�BOARDWGREEMENTS�MLSC�ST�kAUL\CPNIRISERV_2007 O1-09-07.DOC 6 O�-\ g� Exhibit A Budget Year 2007 Central Service Benefifs, 5upplies, Equipmenf, Services, and Operations General Government Accounts-Municipal Memberships are the costs of the city's participation and representation in various municipal organizations, such as the Minnesota League of Cities, U. S. Conference of Mayors, and Ramsey County I,eague of Local Governments. General Government Accounts-Surety Bonds aze 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 hazdware platform operating the City's Financial Management System. Human Resources provides affirmative action functions, recruitment, testing, collecrive 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 woxks 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 utilization goals of women and people of color on city assisted construction projects. Per FI`E Per FTE Total cost cost (Based on (SPRWS) 2491FTE's) $38 $38 $3 $3 $7 $7 $975 $975 $69 Mayor's Office leads and directs the delivery of city services, sets $427 priorities for city operations, represent the city's interests at the local, state and national levels, and serves as ombudspexson between cifizens and neighborhood organizations and city deparlments. $69 $9,465.80 $747.30 $1,743.70 $242,872.50 $17,187.90 $427 $106,365.70 V:�ENGIlVEERING\CLERICAL�BOARD W.GREEMENTS�MLSC�ST_PAUUCENIRISERV_2007_O1-09-07.DOC ��� � �� E�ibit A Budget Year 2007 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. • Administration • Information Services • IS E-Govt • IS Tech Recurring • IS Tech Tnvestrnent Totalfrom 850-28181-0290 Estimated transaction charges paid from 850-28181-0299 upon receipt of invoices: Contract and Analysis Services $ 80,000.00 Treasury $ 70,000.00 12/20/06 Per FTE Per FZ`E Total cost cost (Based on (City) (SPRWS) 249.2 FT`E's) $724,881.00 $201,024.00 $925,905.00 V.�ENGINEERING\CLERICAUBOARD�P.GREEMENTS�MISC\ST_PAUUCENTRLSERV_2007_O1-09-07 DOC $ BOARD OF WATER COMMISSIONERS RESOLUTION - GENERAL FORM PRESENTED BY Zd2llIl111eT COMMISSIONER pq Adopted by the Board of Water Commissioners WHEREAS, the City of Saint Paul ("City") and the Board of Water Commissioners ("Board") have agreed to the terms and conditions of an Agreement addressing those direct and shared Central Services to be performed for the Board by the City for calendaz year 2007; and WHEREAS, the City and the Boazd have agreed that chazges for said Central Services, which are paid directly to the general fund, shall total $925,905 for calendaz yeaz 2007; and WFIEI2EAS, the Boazd also agrees to reimburse the City for its actual costs to provide Contract and Analysis services and Treasury Investment Management services for calendaz year 2007, which aze estimated at this time to be $150,000; and WHEREAS, staff has prepared an agreement which sets forth the terms and conditions for the provision of said 2007 Central Services and recommends approval of said agreement; and WHEItEAS, the assistant city attorney has reviewed and approved said agreement as to form; now, therefore, be it RESOLVED, that the Board of Water Commissioners does hereby approve the Agreement for 2007 Central Services with the City of Saint Paul, and does hereby authorize and direct the proper officers of the Boazd to execute said Agreement on behalf of the Board. Water Commissioners �'p,ag Anfang i1 Montgomery Rossbach Vice President Zanmiller President Harris In favor 5 Opposed � �1' � �� No 6033 January 9, 2007 January 9, 20 07 '� � � / / � /