07-596Council File # � / �7 Y!
Green sheet � 3040870
RESOLUTION
CITY OF SAINT PAIIL, VITNNESOTA �
r n
Presented By
1 WHEREAS, the State of Minnesota, acting through its 2" Judicial District, wishes to
2 hire the City of St. PauPs Public Works Division of Technical Services Design Group to design
3 and remodel its lobby, located in Room 130 of the Saint Paul City Hall/Ramsey County
4 Courthouse; and
5
6 WHEREAS, Council approval is necessary for intergovernmental contracts; and
WHEREAS, the Design Group will be compensated for its work; now, therefore be it
10 RESOLVED, that the proper authorities aze hereby authorized to enter into the attached
1 I agreement with the State of Minnesota, Second Judicial District.
Reque by Department of�
Y �
B
Fom
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BY:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
O 7
DepartmenUoff ce/council:
p�l/ Pubt;c works
Contact Person ffi Phone:
Barb Morin
266-9163
Must Be on Council Agenda by (Date):
Doc.Type: RESOLUTION
E-Document Required: N
Dacument Coniact:
Corrtact Phone:
Date InHiated:
14-JUN-07 Green Sheet NO: 3040870
Department �/ SentTOPerson InitiallDate
� 0 PublicWorks� R�' BruceBeese � �°'���
A55ign � 7 City Attorney '� Ginger Palmer
Number 2 Mayor's OtLce MayodASSist
For
Routing 3 Councii City Cauncil
Order 4
5 . .
Total # of Signature Pages _(Clip Ail Locations for Signature)
Action Requested:
Need sigtta[ures in order to allow City Design Group to provide services for the State of Minnesota, Second Judicial District. Total
budget for project is estimated at $26,410.00, which includes the City Design Fee of S4,000.00.
� Recommendations: Approve (A) or Reject (R):
', Planning Commission
'' CIB Committee
��. � _ . Civil Service Commissian
Personal Service Contrects Must Answerthe Following Questions:
1. Has this person/firm ever worked under a contrad for this depaAmenC?
Yes No
2. Has this person/firtn ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current city employee?
Yes No
��, Explain ail yes answers on separete sheet and attach to green sheet
l � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
i State of MN, second Judicial District, would like to contract with the City Design Group for design services.
I AdvantageslfApproved: I
� Ciry Design Group will be able to provide design services for remodeling work in Rm 130 of the Cour[hou� �a� ����;,� ��
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� Disadvantages If Approved: �ECE'��°� � = � � � ' ��+"� y �
i None
JUN 2 0 2007 ����; ��, ��,��;����"
��I Disadvantages If Not Approved: M���1 !� V������ �',
i Ciry Design Group will NOT be able to provide design and projec[ manangement services for this project. ,
Total Amount of $4,000
Trensaction:
Funding Source:
Financial lnformation:
(Explain)
CostlRevenue Budgeted:
ActivityNumber.��5 —��� °e�.�/ �,
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June 14, 2007 11:56 AM _ Page 1
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CONTRACT FOR SERVICFS (non tectu�ology related)
THIS CONIRACT, and amendmenGS and supplements [here[o, is be[ween Sta[e of Minnesofa, ac[ing throu�h its 2n Judicial Dis[ric[, add�ess l5 W Kelloa Blvd, St Paul,
VIN 5� 102 (hereinaher "STATE") and Citv of St Paul acfino �oueh its Desirn GrouR an independent wntrac[or, not an employee of [he Siate of Minnesota, addass 25
W 4'" Sc Ste I00p, St Paul. NIlV 55102 @ereinafter "CONTRACTOR"),
WHEREAS, the STATE, pursuant to Minnesora Stamtes 2003, Secrion 47159, subd. 10 is empowered to enter into intern�ency ageements to manaa ihe
adrttinisnative affaics of the courls in thejudicial disnicts, and
R'HEREAS, the STA1E desires to duign and remodel its ]obby at RM 130 Ramsey County Coucthouse,_bu[ lacks sufficient staff , and
WFIEREAS, CONTRACTOR represents [hat �t is duly qualified and willing [o perForm [he services set foRh herein.
NOW, TI-IEREFORE, it is ageed:
I. DUTiFS. CONTRACTOR, who is not a STATE employee, sfiall �
a. Design, supervise, and contract for rhe remodeling work on beh� Judic'TA�A�strict at Room 130 of the Ramsey County Courthouse
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detaileA m the April 27, 2007, coaespondence from Bazb Iy�o�b Betsy E�qe�e: Projec£�tEY7J0 RemodeL�ffl.obby of Rm l30 CHCH, and its
i✓ /% /�
attachments, which aze inco[pornted herein by referenc� �ly set forth heR� CONTRft;FOR shalE ns�Sts best effor[s to complete as much of
rhe wock as poss�ble by June 30, 2007, and shal] compY „,,,�vork no latec th�,�,�,� us[ 3, 2007. ., -
II. CONSmERATION AND TERMS OF PAYMENT.
A
B.
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N. %�
V
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Consideration for all services perfonned and
follows:
1. Compensahon� � ��� C
The totaL obligati � �
hundced and ten dol 5���� �
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Terrts of Pay�mnt Payments shall� �
and acceptan'reiqf;�ieh,services by [he ;
the work as C�TRA�Rys,able to
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upon compleRO�;�the pro]ect%r,?°;
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shall n<
, for all
pursuant [o this contract shall be paid by the STATE as
subsistence expense mw�red m Ihe perfo[mance of thts contrac[.
:nts ro CONTRACTOR shall not exceed twenry six thousand four
by tti'Nr' ��,�, romptly af[ec CONTRACTOR'S pcesentation of invoices foc secvices perfocmed
,,
� au[horiz"' �bent pucsoant to Sec[ion VI. An initiaL invoice sha1L be submitted for as much of
/o�
��i'/fii1� Juc�e 30, 7A07, and a subsequent invoice shall be submitted fo� the remainder of the work
all of the time requiremen[s descdbed in dtis wntract.
u�y
or performed
'. ",?�,�,ervices provided by CONIRACTOR pucs�ant to this contract shall be perFormed ro the sarisfachon of the STATE, as
of i�5�horized cepresentauve, and in acco�d with the CONTRACTOR'S duties set forth fn section I of ti�fs con¢act and a(I
�]aws��rdinances, mles and �egulations. CONTRACTOR shalL not receive paymen[ foc wo�k found by the STATE to be
�atlon of federal, state or Ixal law, o�dinance, rule or reaulation.
TERMS O�Ol�IT ����� is cona�act shall be effuRVe on June 1, 2007 and shall cemain in effect until August 30, 2007 or untll all obLgafions set forth m
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this cona�act hate� �'� , isfacto�ly fulfilled, whichever ocwrs fi�t. CONTRACTOR UNDERSTANDS THAT NO WORK SHO[JLD BEGIN i7NDER
THIS CONTRACT UN"PQ. ALL REQUIRED SIGNA'I'[JR�S HAVE BEEN OBTAIlVED, AND THE STATE'S Ai7THORI7.ED REPRESENTATIVE
NOT[FIES CONTRACTOR TO BEGIN WORK.
CANCELLATION.
A. This contract may be cancelled by rhe STATE a[ any time, with or without cause, upon [hiRy (30) days' written notice to the othu parry. In the event
of such a cancellation, CONTRACTOR shall be enntled ro payment, de[ertnined on a pro rata basis, for work or services satisfactorily performed.
Rev 6/5/09 Page 1 of 6 Second Daaiu RemodeWg Cmnee� wrtM1 �heCiry of S�. Peol
07
�17
VIQ.
B. The STATE may immediately cancel tltis connact if it dces mt obtain fundin� from the Minnesota Le�islature, or other fundino source; or if fundine
canw[ be continued at a level sufficient ro allow for the payment of the services covered here. Cancellation must be by written or facsimile
transmission novce ro COYCRACTOR. The S'IATE is not obli�ated to pay for any services that are provided afrer notice and effecri��e dare of
[ermina[ion. Howeeer, WNTRACTOR will be enutled to paymen4 derem�ined on a pro rata bazis, for sen�ices satisfactorily pedormed to [he extent
that funds are available. The STATE will not be assessed any penalry if the contrzct is cancelled because of a decision of the Minnesota Le�islature,
or other funding source, not [o appropriate funds. The STATE must provide CONTRAC"fOR notice of the lack of funding withm a masonable time
of the STATE'S rueiving that nodce.
STA1'E'S AL)TfiORIZED REPRESENTATIVG. The STATE'S Authorized Representative for the pucposes of adminis�anon of this contract is
Iam Dease. Second Judicial Disttict Adminishator. Such representative shall have final authority for acceptance of CONT2ACTOR'S services and if such
services aze accepted as satisfurory, shall so ceaify on each invoice submitted pmsuan[ [o Secfion II(B).
ASSIGNMENT CONTRACTOR shall neither ass�gn nor transfer any rights or obligatious under [his con�act without the prior writ[en conseDt of [he STATE.
IX. AMENDMENTS. Any amendments to this wntcaet shall be in writing and shall be execu('edliy the same parties who exewted [(e brtginal wntract, or their
suceessors m office. ,�i j��%%jr�, � �
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X. LIABII.ITY. The pazties agee that, excep[ as o[henvise expressJ���� ded herem ea � y w�ll be�ps�b�forits own acts and the results ehereof ro
the exten[ authorized by law and shall not be responsible for tE��� f any others a � results thereof.��T:[ability shal] be govemed by applicable law.
"��//' ���� ' t?c
W�thout liminng the foregoing, liabiliry of the S[ate sh�7J��be gove� the pr s of the Minnesota Tort Claims Act, Minnesotn Statutes, Sechon
//7�'��/; . �/% �i////
3.376, and othec appl�cable law. Wi[hou[ limiting [he`; liab� �� o ACTOR shal] be governed by t6e provisions of Minn Stat Ch 466
��/��j, '�jj
(Torc L�ab�liry, Polincai Subd�visions) or other applicabl";,,, �///, ��
XL STA1'E AUDTTS. The books, recocds, documents, and acwi
examination by the contracfing departq�� �the Legislative
�%i���%�%%�.
sufficient to reflect all costs mcu�red m A�'z��4tis Ca
XII.
X�.
XN.
XV.
CONFIDZi�NTfALITY, DISCLOSURE AND� CON
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chapter ] 3, and the ST9'PE/n�e N wmpLy w���c
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collected, created, iece�v,e,d genecated in ,�
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RIGHTS IN AND TO RVFp12MAT[ON��I�?VI;�'i��NS
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XVI. ANTITRUST. CONTR
w�th this contract resulting�?om anti
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XVII. OTHER PROVLSION�
A. Warranties.
1
This is a serv�ces Agreement. Each pazty shall own iGS own materials.
y assigns to the State of Mnnesota any and all claims foc overchazges as ro goods and/oc services pcovided in connec[ion
which arise unde� the autihvst laws of the Onited States and the antihust laws of the SEare of Minnesota.
Orignal Works. In peBomung its obhgations hereunder, CONTRACTOR w�ll not use or mcorpomte any trade secre[ infonnatlon or
eopy�ighted works of authorstup of CONPRACTOR or of any third party, and except for componentc already in the public domain, all
sofrware, documentatioq information and other materials provided or fumished by CON1'RACTOR in perfomting the dunes under th�s
and p' ;"' of the CONTRACTOR relevant ro tltis conhact shall be subject to
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�um pen�f six years from the terminafion of this contract. Reco�ds shall be
.���g;ees co comply with the Minnesota Govemmeat Data Practices Act, Minn. Stat.
of ��ccess to Records of the Judiaal Bcanch, as eaeh applies ro all data and records
ince with [his Agreement.
Rev NSld1 Pa�e 2 of 6 Secovd Dumc� RemodeHns Coutntt wi[h iM1a Gty of St Pnul
07-s��
contrnc[ will be original and witl not violate or infrin�e upon ihe righrs of any third party.
Professional Services. CONTAACTOR cep�esencs and warsznts to the STATE that it has the proper hainin�, skill and back3ound so az
to be able to perForm all services required of CO\'�I'RACTOR pu�suant to this ronnact in a competent and professional manner, and all
such woik shall be of professional quality.
3. Mu[ual Representarions and Warranties. CO�'TRACTOR and rhe STA1E each mpresent and warrant [o the oiher thar. a) i[ has the
ful] ri�lt4 power and authority to enter into this contract and to perfortn fully all of its obligalions hereunder, b) i[ is free of any obligarion
or restric[ion thaz would pievent it &om eniering in[o this contmc[ or from perForming fiilly any of its obli�ations hereunder; and c) i[ has
no[ entered inro and vrill not enrer in[o any contrnct which would impede the full pecformance of its o6ligatio�s hereunder or wou(d in any
way limi[ or mstric[ the rights of the other under Utis contract.
B. Relationship of the Par[ies. CONCRACTOR is an independent wntracror and shal] no[ be deemeA for any pticpose tobe an employee of the
STATE CONTRACTOR understands and aarees tha[ the STATE is not w�thholding aay taxes &om the fees paid [o CONTRACTOR pursuant to this
contract and that COMRACTOR is so[el res nsible for an d �
y po y t��d%qther amovnfs £p be paid as a result o£ the fees paid ro CONTRACTOR
v„r i,
pursuant to Chis wnhaGt. Neit6u CONTRACTOR nor the5�h,''^ �� shall hav�:�� cight n�=Eke authodry to asst[me, create oc incur any I�abpity or
�� ,
obligauon of any ldnd, express oc impGed, against o� i� t1Ae �� �"�of or ou behalEv�he othec �� - „,
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C. Consent [o Release of Cerfain Dafa. Under �nn. SCat �`��f.65 an4���' apphcable law, CONTI2ACTOR consents ro disclosure of its feAual
I�
employec taY idenhfication number, and/or N�f,`�
srate personnel mvolved in [he payment of s[z
laws which could result in action requuing CA:
already pcwided to the STA7'E, to fedual and state fae agencies and
m numbers may be used in the enforcement of federal and sta[e tax
Publicity. My publicity��� subject
�eleased withou[ the prioc " ',��%� fron
aotices, informationa( pamph��
and pay delinquent state [ac liabilities, if any.
E.
G.
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's+i'i(dentify the STA1'E as the sponsoring agency and must no[ be
Representahve For pmposes of [his provisioq pubGciry includes
aad similu public notices preparad by or for CONTRACTOR
individually oc joinUy with o[here, ��� respect Co the progran4 Publications, oc secvices provided resulting from ttus
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contract. Nti�[hstandiug anytfung m onhact to't �nRary, eithec party may diselose to [he publie the exis[ence of this contrac4 the
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pa�[ies [o [hr/couaac[ � matenal term � � contcact, including p�ce, proj�cted te�m, and scope of work.
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EndorsemenL �?NTRACTOf� m�t u6f �lgim thaf the STA1'E andorses ite produets ox se�vices.
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3�ks Any wnt[eu�Z�[ee hueunder shall be dcemed to have been received when: (A) pereonalLy deGvered; (B) sent by confirmed facsimile
hansmission o� telegran"{;� sent by wmmercial ovemight counec wnh written ve,o5eation of receipt, or (D) seventy-nvo (72) homs afte� it has been
depos�� ��ted S`f�s mail, firs[ clus, propec posrage pcepazd, addressed to [he party to whom it is i�tended at p) the address first se[ fonh
�ez�jl, 9£'Cb �� ' CTOI�;. j3) at [he address ficst se[ forth hereiq �f to the STATE, with a copy to Legal CounseA Division, 145 Minnesota Judiaal
�-E"'utey 25 Rev. M'�`p Luther I�ing, 7c Blvd, St Paul, MN 55155; o� (3) at sueh o[her address of whieh wdtten notiee has been given in accordance
�% herewi[h. , .i
This contrac[ shall not preclude CONTRACTOR from developing materials ouiside this conhact that are competitive, urespec[ive
of their similazity ro ma[erials delivered to the STATE under this contract; pmvided, however, that such materials prepared by CONTRACTOR shall
not violate the nondisebsure and intellecmal property provisions of th�s connact. Nothing in this conh�act shall be conshued az precluding or Gmiting
in any way the right of CONTRACTOR [o provide services of any kind to any person or entiry as CONIRACTOR in its sole discceuon deems
appropriate
Miscellaneoas.
Reu. 6/5/0] Pe¢e 3 of 6 Second Dismet Remodemy Cont�act wnh the Gty of S[ Paoi
b > s��
l. The provisions of sec[ions VII, X, XZ XIl, XIII, XVI. and XVII shall survive any cancellation or tertnina[io� of this convact, as shall
any other provision which by [heir namre would be in[ended or expecred ro survive such canceallation or [ertnmation.
2. The failure by either Pazty at any time to enforce any of the provisions of this contract or any rieh[ or remedy a�ailable hereunder or at
law or in equity, or [o exercise any option herein provided, shall no[ cons[imte a waiver of such provision, righ[, remedy or op[ion or
in any way affect [he va(idity of this contmct. The waiver of any defaul[ by either Pany shall not be deemed a con[inuine waiver, bu[
shal] apply solely to the instance to which such waiver is directed.
3. Tttis contract shall in all respects be �ovemed by and interpreced, construed and enforced in accordance with the laws of the United
States of America and of [he State of Minnesota, without regazd to Minneso[a's choice of law provisions. Any acrion arising ou[ of or
relatin� to this con[raci, iGS perfotmance, enforcement or breach will be venued in a sia[e or federaF court situated within the State of
Minnesota. CONTRACTOR hereby icrevocably consents and submi[s i[self to the penonal jurisdiction of said courts for that
purpose.
4. Every provision of [his convac[ shall be construed, to the extent possible, so as [o be valid and enforceable. If any provision of this
connact so eonstrued is held by a court of competenc jo�sdiction to VYe envalid, illegal or othe`wise unenforceable, such provision
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shall be deemed severed from [his contrac[, and all p�� vtsYO�s sha�l n�ifi'�n in full foroe and effent.
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5 This cona�ac[ se[s fo�[h the ennre agree �����nd ��derstandmg.°�etween [he Paz(ies regarding [he sub�ect matter hereof and
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supe�sedes any prior �epresentations sra proposals uegp¢m6ons, discussioms uffderstandings, o� agreements regazdmg rhe
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same subject maver; provided that all Yum condiho ��ya11 preexis[ing conlracts or agreements between the parties shall
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eontiwe in full fome and effect�cx�tas s�pple�Y�p �fied by [his contcac[ In the even[ of any incons�stency or confl�ct
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between [he terms of this wntrac[ a�t��J�er ag�ee(ue ,etween the parties, the [erms of this contract shail govem.
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Ree 6/5/0'/ Pate 4 of fi Suond D¢mc� RemodcLng Cm�rac� wah �he Crty of Sc Paot
t:
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�' WITNESS WHEREOF, the pacties have caused this convac[ [o be duly executed intendin� ro be bound thereby.
1. CONTRACTOR: 2.STATE:
CONTRACTOR certifies tttat [he appmpriate peaons have execu[ed
the contrnct on behalf of CONTRACTOR
u required by applicable articlu, by-laws, ruolutions or ordinances.
(If a w[pomtion with more than one individual servin� u coipom[e
officer, [wo co�porn[e officers must exewte)
Person simin� certifies tha[ apphcable procumment policiu have been
followed. V✓here contrnct and amendmenrs exceed 550,000, simanue of
State Coun Adrtunistra[or or her/his Deputy �s also required.
By
Tatle
Date
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TU[e
Date
By
By
been encumbereA as required by State Court Finance Policy by:
(reserved)
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Tit[e
Da[e
Can.tracr No
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Rw. 6/5/0'1 Pasc 5 of 6 Secoud Dutda RemodelmgCOUaact wrth the Gry of Sc Paul
4. Approved as [o fortn and execution for STA1'E by: