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07-597Council File # � / �� GreenSheet# 3040874 Presented By RESOLUTION � CTTY OF SAINT PAUL, MINNESOTA 1 WHEREAS, Ramsey County Corrections Department, wishes to hire the City of St. Paul's Public Works 2 Division of Technical Services Design Group for design services to lay out their space in various 3 locations in Ramsey County. 4 5 WHBREAS, Ramsey County wishes to be indemnified for damages arising out of or by reason of any 6 grossly negligent, wanton or willful act or omission of the Design Group in the execution of their 7 responsibilities under the Agreement; and Council approval is necessary for intergovernmental contracts; and 8 9 WHEREAS, the Design Group will be compensated for its work; now therefore be it 10 11 RESOLVED, that the proper authorities are hereby authorized to enter into the attached 12 Agreement with Ramsey County. Adopted by CounciC Da�e: Adop0.onCea�fied byCou�IlSecrelasy BY � Appro�al by Mayor .�e . 1� /� V /v � / By � �� Req sted by Depanment of: � By � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � O 7-��7 Departmentlofficelcouncil: p�/�l Publicworks Contact Person & Phone: Barb Morin 268-9163 Must Be on Council Agenda by (Date): Doc.Type: RESOLUTION �-DOCUment Required: N DocumentCanWCt Date Initiated: 14-JUN-07 Green Sheet NO: 3040874 As� Number For Routing Order 0 1 2 3 4 5 Department SentToPerson Public Works �� � 1 �S I(r'y Paul Kur� PubGc Works S � Bruce Beese CityAttorney GingerPalmer Mayor's Office Mayor/ASSistant Council CiN Council Conqct phone: � ' � Total # of Signature Pages _(Gip Alf Locations for Signature) Actfon Requested: � Need signatures in order to atlow Ciry Design Group to provide services for Raznsey County Corrections. ;$ I O,OOO.OQ however the design services will be charged at an hourly rate. � InitiallDa �� � �/l���7 Tota( wnlsact is foc Recommendations: Approve (A) or Reject (R): ; Personal Service Contracts Must Answer the Following Questions: �', Planning Commission � 1. Has this person/firtn ever worked under a contract for this department? CIB Committee I Yes No � Civil Service Commission �� 2 Has this person/firm ever been a city employee? Yes No I 3. Does this personlfinn possess a skili not normally possessed by any ' arrent city employee? i Yes No � Explain all yes answers on separete sheet and aHach to green sheef I Initiatiog Problem, lssues, Opportunity (Who, Whaq When, Where, Why): Ramsey County Corrections Department would like to contract with [he City Design Group for design services . � AdvanWgeslfApproved: I City Design Group will be able to provide design services for laying out space for RC Corrections in various locations in Ramsey Counry. Disadvantages If Approved: NONE -., - � ;- �.:; te�# ;�liee � ,�._ �::..�:�- i Disadvantages If Not Approved: , ,! City Design Group will not be able to provide design and project managment services for this projecC. Total Amount of Transaction: $10,000 Funding Source: Financial Information: � (Explain) CosURevenue 6udgeted: �,. �, ..� �:�` .�.��'. Activity Number. �✓ S'`�� �"C�"i/�� June 14, 2007 1:08 PM Page 1 0 7-s �7 Agreement Between Ramsey County and The City of St. Paul Design Group This is an agreement between the City of St. Paul, Department of Public Works, Design Group Division, a political subdivision of The State of Minnesota ("Contractor") and Ramsey County, a political subdivision of the State of Mlnnesota, on behalf of lts Communlry Conections Department, ("County"). 1. Scope of Services The Contractor shall provide space layouts, obtain costs to complete the layout and provide workstation installation drawings for various units of the Community Corrections' Adult Division. Details of the Scope aze in AttachmenY A, which is made a part hereof by reference. 2. Term The term of this Agreement is from June 1, 3. CosUPayment 4. 5. The County shall pay the exceed the amount of $1( Payment will be made within 35 disputes regarding payment shall Section 471.425. e%"�,,,;.,.,. 071hroug�;December �1, 2007. // �i.: �;, /„ � o �� ���i�� � � - our/�I'be total � of this project shall not %!% �t����� , iled invQice. Interest accrual and by th, � rovision of Minnesota Statutes Independent Contractor ,,,� � �? %/, �� It is agreed tk��at nothing contaP4�ed m this �greement is intended or should be construed as creating the��lai}onship of agat�ts �artners, joint ventures, or associates beYween the „ � -.. parties hereto az as ciYn��i�utmg Co�ractor as the employee of the County for any pucpose or in ang magnei�,vhatserever. The Contractor is an independent contractor and ,�-, n���x it, its emplu�ees, agen�s nor representatives aze employees of the County. From any am�unts due the Contractor, there will be no deductions for federal income tas or �FTCA pa,��ts, noi for any state income tax, nor for any other purposes which are �����f1�n employer-employee relationship unless required by law. Payment of federal income �, FICA payments, and state income tax are the responsibility of the Contra�tor. t Indemni��ation Contractor shall indemnify, hold hannless and defend the County, its officials, employees and agents from any and all liabllity, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the County, its officials, employees, and agents may hereafter sustain, incur or be required to pay, arising out of or by reason of any grossly negligent, wanton or wiilful act or omission of Contractor, its agents or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Agreement. CiTy of St Paul Design Group Contrac[ v5_Sample.doc May 2W7 1 of 4 � 6. Insurance It is the responsibility of the Contractor to purchase and maintain such insurance as will protect the Contractor from claims which may arise out of or result from operations of the Contractor under the terms of this Agreement. Certified self-insurance satisfies these requirements. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common law immunities, limits, or exceptions on liability. 7. Waste Reduction The Contractor shall participate in a recycling program for at least four broad types of recyclable materials and shall favor the purchase of recycled produets in its procurement processes. All reports, publications and documents produced as a result of this Agreement shall be printed on both sides of the p��, where commonly accepted i,��. ,,.. publishing practices allow, on recycled and recyc�a'����aper using so,ry-based inks, and shall be bound in a manner that does not use glue o �i � iai� ,,, j, 8. F�U(�lt Until the expiration of six years Agreement, the Contractor, upo State Auditor, or the County's L books, documents, records, and relating to this Agreement. i � „' service�'��kYirsuant to this make �vailable to the County, the a copy of this Agreement, and the 4nd practices of the Contractor 9. Non-Discrimination 'D%,''%,/„'/��� ;, %' %,� . %%� � �, % < Contractor agrees that, in t�„�inff������� labor for the performance of any work under this Agreeme�t, that it will no���jy reasoif of race, creed, color, gender, sexual preference, mazital status, stat�� with regard�,��blic assistance, age, religion, national origin or disabiliry, discY5mili t�against any who is a citizen of the United States and who qua�ifies and is ayailab�e fi��erf�rm the work to which such employment relates. When i�, r���d by law ot �equested �� the County, Contractox shall furnish a written �rmative �ction pTan. '�i � i�% "�i i � 10 �ta���[c�,, All data collecte�, created, received, maintained or dissenunated for any purposes in the course�f Con�ctor's performance of this Agreement is governed by the Minnesota Governff��`ISata Practices Act, Minn. Statutes Chapter 13, or any other applicable State statutes, any state rules adopted to implement the Acf and statutes, as well as federal laws and regulations on data practices. 11. Workplace Violence Prevention The Contractor shall make all reasonable efforts to ensure that Contractor's employees, officials and subcontractors do not engage in violence while perfornung under this contract. Violence, as defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy, is defined as words and actions that hurt or attempt to Ciry of S[ Paul Destgn Gmop Con�act v5_Sample.doc May 2007 2 of 4 D 7-s9 � threaten or hurt people; it is any action involving the use of physical force, harassment, intimidation, disrespect, or misuse of power and authority, where the impact is to cause pain, fear or injury. 12. Workforce Diversity N/A Contractor shall make good faith efforts throughout the term of this Agreement, and any extensions thereof, to employ persons of color for all classifications of work under this Agreement, and shall, when requested by County, submit a written report to the County regarding the efforts and result of such efforts, including employment by job classification. 13. Subcontractor Payment N/A The Contractor shall pay subcontractors within ten days of the prime contractor's receipt of payment from the County for undisputed services provided by the subcontractar. The Contractor shall pay interest of one and one-half�l���) percent per month or any part of a oi;i, month to the subcontractor on any undisputed amot����oC paid on tirtle to the '"%� subconCractor. The minimum monthly mtere,g���j nalty pa�a�nent for an�npaid balance of $ lOQ.00 or moce is $1Q.Q0. For an unpaid�ac(��of less� $100�� the Contractor shall pay the actual penalry due to the s���ontrac�� A sub�v��ra�,tor who prevails in a ro civil action to collectinterestpenalties frcf��ont��tor must 1����wazded its costs and disbursements, including attorney�,�'�fees, m��� in bringing'the action. 14. Unavailability of E�nding The purchase of services from the availability and prov �� undi i��o/i other funding sources "1`� G� under�fis Agreemenf is subject to the ��% ed States, the State of Minnesota, or ately cancel this Agreement, or a portion of the services to be provic�ed,unc�'� ���greement, if the funding far the services is no i longer avaIla�le to the Count�%�jJpon rec��ipt of the County's notice of cancellation of the Agreement, o�;df� �ortion of th�s��jces to be provided under this Agreement, the �-.,.�.-: Contractor shaYl tatE��al��ctions ne��ssary to disconTinue further commitments of funds to the �xtent they i'e,late td t�fF� :�gxeement or the portions of this Agreement for which £��g has become Gnavailatile. i` 15'y�+ ntire �.g��e�nent " ��, , , � .,� , � �,,, . '���j������,is complete and supersedes a11 oral agreements and negoriations between the parties as w�l as any previous agreements presently in effect between the parties relatiag to the� � vice identified herein. ..%.,, ,, [This space left blank intentionally] City of St Paul Design Group Conhact v5_Sample.doc May 2007 3of4 0 7 �� RAMSEY COUNTY David Twa County Manager Date: Approval recommended: Cazol Pender-Roberts, Director Communiry Corrections Department CITY OF ST. PAliL, DEPARTMENT OF PLBLIC WORKS, DESIGN GROUP I� Its ID: David K Nelson Finance Director to form: ;; PP � , ��ai A roved as to form and insurance: ���%j '� �i rl°i��,,, ' � �l'�,,; %;�rn; — Assistant County Attorney ' �� o -%� oo� %„ � %,%/�, Punds are available ;, Account Number: ��' „ -:.,,;, Budgeti,n�a�d Accounting , %s,: ' ,,,�! ' 'i � Ciry uf St Paul Des�gn Group Contract v5_Sample.doc May 2007 4of4