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98-1099RESOLUTfON CITY OF SAINT PAUL, MINNESOTA Presented By: Council File # p + Q� Green Sheet # 24167 �Y Referred To: Committee: Date � z 3 4 s 6 7 8 9 io �i iz t3 14 15 16 17 ia is zo 21 22 23 24 25 26 27 28 29 30 37 32 33 34 WHEREAS, In 1996, Ramsey County and the City of Saint Paul approved a Joint Powers Agreement (JPA) for Public Health services effective July 1,1997; and WHEREAS, it is agreed that the Lead Reduction and Hazardous Paint programs of the City would most effectively be managed as part of those City-County Public Health Services; and WHEREAS, the City and the County have agreed to a JPA transferring the program management to the County and WHEREAS, the City and Unions affected 6y this change have agreed to a Memo of Understanding (MOU) that is agreeable to both parties ; now therefore be it RESOLVED, that the City Council approves the Joint Pawers Agreer�ent with Ramsey County to provide Lead Reduction and Hazardous Paint programs in the City of Saint Paul as per the attached JPA. Requested by Department of: Technolo and Mana emen Services By: Peter Hames I �� Approval Recommended by FSO - Director: � Certified by Council Secretary: � � Ylr- 2� Approved by Mayor: Date Form Ap � ved by City By: BY: � . �.� �T L�� _ �MV.me�a �xa.u:sro�a,uon �aase.vncs� ssoe.sa Adopted by Council: Date �� ( \g� Joint Powers Agreement °� �' ��{ Between the City of Saint Paui and County of Ramsey For Lead Hazard Reduction and Control Services This Joint Powers Agreement (Agreement) is made and entered into by and between the City of Saint Paul, a duly chartered city of the first class, and the County of Ramsey, a duly chartered political subdivision, both of the State of NTinnesota. Whereas, in December 1996 the Ramsey County Board and the Saint Paul City Council approved a 3oint Powers Agreement for Public Health Services effective 7uly 1, 1997, and Whereas, City and County staff recommend that the services of the City Lead Paint Hazard Control and Lead Hazard Reduction programs be combined with the Saint Paul-Ramsey County Department of Public Health through a purchase of services agreement; and Whereas, the purpose of this Agreement is to streamline the implementation of the joint Community Health Services Plan; to increase coordination of lead poisoning prevention and control services; and to provide high quality, efficient and cost-effective pubiic health services to the citizens ofthe City and the County; Therefore, the parties agree as follows: I. Definitions Unless othenvise provided in this Agreement, all services listed below shall have the meanings ascribed to them in the 1998 City of Saint Pau] and County of Ramsey budgets; the Saint Paul-Ramsey County Community Health Services Plan for 1996 to 1999, any future amendments thereto and successor documents; and the Ramsey County Solid Waste Master Plan in effect as of the date of this Agreement. II. Public Health Setvices The public health services described in the Saint Paul-Ramsey County Community Health qt-toq9. Services Pian for 1996-1999, any future amendments thereto, and successor documents (PLAI�; the 1998 City of Saint Paul and County of Ramsey budgets; and the Ramsey County Solid Waste Master Plan shall be jointly provided by the City of Saint Paul (CTTY} and the County of Ramsey (COIJI�'PI� as described herein. A. County Duties Effective January 1, 1999, the County shall begin providing the following services on behalf of the City inside the City limits, as well as on behalf of the entire County through the Saint Paul - Ramsey County Department ofPublic Health: Lead Paint Hazard Control 2. Lead Hazard Reduction B. I,evel of Services 1. Services described in the PLAN that haue been performed by either the CITY or the COIJNTY up to the effective date of this Agreement shall not be eliminated or reduced as a direct result of this Agreement, except: a. after compliance with the statutory process for amendment of the PLAN, or b. through budgeting processes. Both the County and City budgets are subject to the budget review and comment procedures described in Paragraph VIL C. below. 2. The parties acknowledge that provision of services at current levels will depend upon the continued availability of state and federal funding, and continuing authority under applicable state and/or federal law. If funding or authority changes during the term of this Agreement, the parties agree to incorporate such changes as are necessary into the PLAN or their respective budgets, as applicable. 2 III. Governance � t-ro�q The COLTNTY is hereby designated the agent for the CITY with respect to the delivery of services set forth in Paragraph II. A, above. The Ramsey Counry Board of Commissioners shall have all governing and decision-making authority with respect to the delivery of services set forth in Paragraph II. A.. The CITY expressly reserves its authority to review and approve amendments to the PLAN and future Community Health Services Plans and any amendments thereto. In the event the CITY wishes to increase service levels beyond that called for in the Plan or the annual budget, the CITY may purchase an increase in the service level by paying the cost for the services to the COLTNTY. The COUNTY shall have the authority to deliver any such increased services on behaif of the CITY. IV. Finance and BudgetIssues A. Grants On or before January 1, 1999 the CITY wiil assign to the COLTNTY its interests and obligations under each individuai grant relating to duties transfened to the COLJNTY under this Agreement. The CITY is responsible for obtaining all necessary approvals from the respective grantors. All funds from such grants will be transferted to the GOIJNTY. In the event that a grant(s) cannot be assigned to the COiJNTY, the CITY will contract with the COLJNTY to provide the services on the CITY's behalf and pay the COLTNTY for the services within thirty-five (35) days of invoice. B. Transfer of assets The CITY will provide an inventory o£ any personal property to be transfened within sixty (60) days of execution of this Agreement. C. Assignment of contracts On or before 7anuary i, 1999, the CITY wili, if requested by the COLTNTY, assign to �imeY�e�. — ��.11�`�l�' R$- (Oqg the COUNTY its interests in and obligations under each individual contract relating to duries transferred to the COiJNTY under this Agreement. The CITY is responsible for obtauung all necessary approvals from the respective contractors. All funds encumbered by or receivables owed to the CITY for expenses associated with the contracts will be transferred to the COUNTY. In the event that a contract(s) cannot be assigned to the COLJNTY, the CTTY will continue to comply with the terms of the contract(s) until its expiration or temilnation. D. Property ta�c financing For 2000 and future years, the COUNTY will be responsib]e for inc]uding the ta�c levy in its budget to provide the services pursuant to II. A. above. E. Payment to City The COLJNTY will pay the CITY for the use of CITY employees providing services to the COLTNTY effective January 1, 1999, pursuant to this Agreement. The amount to be paid will be the actual CITY cost. VI. Personnel This Agreement is a purchase of services agreement. The COLJNTY agrees to accept certain duties and responsibilities from the CITY and is purchasing the services of CITY employees from the CITY untii such time as the COUNTY is able to stafF services with COUN'I'Y employees. Such staffing shall be accomplished by transferring CITY positions that become vacant through attrition to the COLTNTY. Any new positions which may be created due to service needs shall be COLTNTY positions. VII. General Conditions A. Term The initial term of this Agreement shall be through December 31, 2001. This agreement will automaticaily renew for additional ten (10) yeaz terms, unless written 0 °tP- toqq notice of intent not to renew is provided by either party to the other, at least one (1) year prior to the end of the term then in effect. In such a case, the Agreement shall expire at midnight on the last day of the term then in effect. B. Insurance It is acknowledged that both paRies rely primarily on self-insurance programs for liability coverages, including statutory workers' compensation coverage. Each party agrees to maintain its self insurance program or to obtain insurance policies for tort, automobile, professional liability and compensation coverage. Such tort, automobile or professional liability insurance policies, it any, shall have minimum limits of those liability limits established by Minnesota Statutes Chapter 466 (1997) and as amended, or, in the case of workers compensation coverage, shall have minimum limits as established by state statute. The parties agree to work cooperatively with respect to workers compensation return-to-work programs for employees. C. Budget review and comment Each party wiil notify the other in writing when its proposed public health budget is ready for review, which shall be no later than June 15 of the year preceding the term of the budget year. Each party may review the other party's public health budget and may submit comments within thirty (30) days of the notice. D. Nonassignability Neither party shall assign any interest in this Agreement and shall not transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other party. E. Independentcontractor It is agreed that nothing contained in this Agreement is intended or should be �iY � ioqq construed as constituting either party as the employee of the other party for any purpose or in any manner whatsoever. Each pariy is an independent contractor and neither it, its employees, agents nor representatives aze employees of the other party. Payment of federal income tax, FICA payments and state income tas are the responsibility of each party for their own employees, agents or representatives, as required by law. F. Data practices All data collected, created, received, maintained or disseminated for any purpose in the course of the parties performance of this Agreement is governed by the Mimiesota Government Data Practices Act, Minnesota Statutes Chapter 13, and any other applicable state and/or federal statutes, rules or regulations on data privacy. G. Access to documents Unti] expiration of three years after the fizrnishing of services pursuant to this Agreement, each party, upon written request of the other party, shall make available to the requesting party, the State Auditor or the requesting party's ultimate funding sources, a copy of this Agreement and the books, documents, records and accounting procedures and practices relating to this Agreement. H. Indemnification Each party shall indemnify, hold harmless and defend the other party, its employees and officials against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys fees, which have been or may hereafter be incurred by the second party as a result of acts or omissions by the first party, including any and all liability loss, costs, damages, expenses, claims or actions, including attorneys fees, which may hereafter be incurred, arising out of or by reason of any act or omission in the execution, performance, or failure to adequately perform its obligations pursuant a�-foqq to this Agreement. Nothing herein shall constitute a waiver by either party of the limitations and exceptions to liability available at Minnesota Statutes Chapter 466 or any other appiicable law_ I. Alteration Any alteration, variation, modification, or waiver ofthe provisions ofthis Agreement shall he valid only after it has been reduced to writing and duly signed by both parties. 7. Compliance with applicable law Each party agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the parties performance of the provisions of this Agreement. It shall be the obligation of each party to apply for, pay for and obtain all pernuts and/or licenses required by any governmental agency for the party's provision ofthe services contemplated herein. K. Workforce diversity The parties shal] make good faith efforts, in accordance with applicable law, throughout the term of this Agreement, any extensions thereof, to employ persons of color for all classifications of work under this Agreement, and shall, when requested by the other party, submit a written report to the other party regarding the efforts and results of such efforts, including employment hy job classification. L. Waste reduction Each party may participate, depending on its policies, programs and funding capabilities, in a recyciing program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this Agreement shall be �g- loq4 printed on both sides of the paper, where commonly accepted publishing practices ailow, on recycled and recyclable paper using soy-based inks, and shall be bound in a manner that does not use glue. M. Equal employment opportunity Each party agrees to comply with all federal, state and local laws, resolurions, ordinances (including Chapter 183 of the Saint Paul Legislarive Code), rules, regulations and executive orders, including the Americans with Disabilities Act, pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, gender, marital status, status with regard to public assistance, sexual preference, disability, or age. When required by law or requested by the other parly, each party shall fumish a written affirmative action plan. N. Prevailing wage Al] contractors and subcontractors shall conform to the labor laws of the State of Minnesota, and all other laws, ordinances, and legal requirements affecting the work in Ramsey County and the State of Minnesota. The wage rates for the job classifications affected by this Purchase of Services Agreement shall be the wage rates established by the col]ective bargaining agreements ofthe respective parties, or by action of the governing body for positions not covered by a collective bargaining agreement. 0. General Workplace Policies Each party shall make all reasonable efforts to ensure that the party's employees, officials and subcontractors abide by such written policies or civil service rules pertaining to nonviolence, racial harassment and sexual harassment and will process and address any complaints alleging violations of those rules or policies in a diligent manner. P. Entire agreement �Y-toq4 This Agreement shall constitute the entire Agreement between the parties and shall supersede all prior oral or written negotiations. Q. Severability The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invatid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or othenvise unenforceable shall substantially impair the value ofthe entire Agreement with respect to either party. R. Notice Any notice required to be given by this Agreement shall be made by United States mail to: COUNTY County Manager 250 Courthouse-City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 CITY Mayor 390 Courthouse-City Ha]] 15 West Kellogg Boulevard Saint Paul, MN 55102 0 �g - laqq In Witness Thereof, the undersigned governmental units, by action of their governing bodies, haue caused this Agreement to be executed in accotdance with the authority ofMinnesota Statutes Section 471.59. County of Ramsey By Susan Haigh, Chair Board of Commissioners By Bonnie C. Jackelen Chief Clerk Approved as to form: Assistant County Attorney Insurance approved: Risk Manager Funds are available: Budget and Accounting Recommended: Director, Saint Paul-Ramsey County Department of Public Health G:ISHAREDWdminlFiEALTH�Lead JPA2.wpd By City Clerk as to form: Assistant City Funds are available: �� ir cto or Financial Services l� DEPARTMENT/OFFlCFICOUNCIL DA]EIMTfAiED � / Tech. & Mgmnt. Services 12-04-98 GREEN SHE T NO. 24167 � m�ua i o� CANTACCPERSON&PHONE OI DEPARiMENiOIXECIO OS aTYCAI1Nm. PeterHames 266-5796 �"�� orvn'rrors�r � c1'rca.ouc ��' O2 FINANCW.SERVILFSDIA � F1N.SE0.VICESOFF/ACCTG MUSlBEONCO[IN�I.AGENDABY(DAiE) �R �6 MAVOR(OFASSISI'AN'� � CSffi''ACCOUIViAN]" TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ALIION REQUFS[ED Approve the attached Joint Powers A�eemeat for I.ead -Aa7ardus Paint programs aECUnum+oaa'i0N5: n�m.e(w)arxqex(x) PERSONAL SERVICE CONIRACIS hf[JST ANSWER THE FOLLOWING QUESTIONS: viannvwc coamusvoN 1. Has this pe�sod5m evu worked wder a conaactfor tfiis depaNnmt? ��p�EE YES NO QVIL SERVICECOM1P455[ON 2. Has this person/fi�m ever bern a city employee? YES NO 3. Dces tltis persoNfirm possess a s}all notnom�ally possessed by any aurent city employee? YES NO 4. Ls tltis person / Ucm a ta eeted vendol! YES NO (Explain all yes answers on separate sheet and attach [o green sheet) IMTIwTA1GPR0aLEM, I55lIE, OPPONIUNI]Y (Nho. HhzS �4 ��. �Y): The lead reduction programs will more effectively operate within the City-County Public Health Service which operates under a Joint Powers agreement between the City of Saint Paul and Ramsey County. This JPA would allow tlte City to sell services to the County, which will manage the lead reduction p A Memo of Understanding (MOLn Aas been negoriated between the City and affected unions and will be submitted in a sepazate resolution. ADVANTAGESi£APPROVED. The lead reducrion programs affecting the health of city residents can be most effectively managed if workmg moxe closely with the Public Health seroices instead of Housing Code Enforcement. This ageement brings the management of the two programs into better synchronization. OI$ADVAN[AGES IF APP20VE�: None DISADVAN"fAGESOFNOTAPPROVED The lead xeducrion programs will operate as a"loose end" without management most concemed about public health issues as a priority. RECEIVED TdLALAMOUNlOFiRAN5ACL10N PIIa COS'1'/REVE�"UEBIIDGETED(CRtCLEOttE) O NO PIINDINGSOIIRCE �� R�SQ��'' ��ER DEC - 41998 Finavc�u, mFO�e[✓anoN: �einuu7 ��C � 7 'I9�� MAYOR'S OFFICE SaiMPaulBUtlBetOHice (H:1,1,'@Tformslreso� JPA98.WKG) 12-U4A8 �� Presented By Referred To Committee: Date 1 Whereas, the City of Saint Paut and County of Ramsey approved a 7oint Powers Agreement (7PA} for public 2 health services in December, 1996; and 4 Whereas, the 3PA for public health services was effective 3uly 1, ] 997; and 5 6 Whereas, the City and County negotiated the impacts of the JPA with bargaining units representing the 7 affected City and County employees and the results of those negotiations are contained in memoranda of 8 understanding dated Aprii 17, 1997 (City) and Apri127, 1997 (County); and 10 Whereas, under the 7PA, the City is seiling certain public health services to the County, to be provided on a 11 countywide basis; and 12 13 14 15 16 17 18 19 20 Whereas, the City retained some public health services that are not affected by the JPA; and Whereas, the stafffrom the City's Fiousing Code Enforcement Section and the Saint Pau]-Ramsey County Pubiic HealYh Department have recommended that lead paint hazard control and lead hazard reduction services should be provided throughout the County; and Whereas, the City is able and willing to sell those services to the County; and Zi n%nereas, ine Ciry Councii and Counry Fsoard, upon the recommendacion oi ine iviayor and the Couniy 22 Manager, agree that, as a policy matter, the City should sell those services to the County; and 23 24 Whereas, the method for accomplishing the sale of services would be a separate JPA between the City and the 25 County; and — 26 27 Whereas, the City and the County are responsible for negotiating the impacts, if any, of such a JPA with the 28 bargaining units representing the affected City and County employees; Now, therefore, be it 29 30 Resolved that the City Council and County Board request that staff prepare a JPA that will result in the lead 31 paint hazard control and lead hazard reduction program services being sold to the County; and be it 32 33 Further Resolved, that City and County staff are requested to review the impacts, if any, of this JPA upon 34 existing collective bargaining agreements and negotiate any changes in tecros and conditions of empioyment. 35 36 °l8'- toqq council Fi1e # 9.� �`��O creen sheet � GOO/� RESOLUTION CITY OF SAINT PAUL, MINNESOTA 0 9� �.� B�an�v �`n�� Requested by Denartment of: �A �� ' •�• V-!-�'11 •� :� ' ' / �/ ,, y / Adoption Certified by Council Secretary By: a Approved by a te - By: OR�GiNA� Adopted by Council: Date ��. �� ` \qqp Form Approved by City Attorney r By: ��1� �� oeparonenuorficdcounca: o�ce ��iwted `1� �-f�G Technology&ManagementServices Augast19,1998 Green SheetNo 60412 Contact Person 3 Phone; o Assign InitlaUEate Initla� t r /� ^ 'PeteTH2mes - Number �'� FOf 1 Depettmrnt Dir. 4 City Coun�ii Must Be on Council Agenda by (Date) Routing 3 City Anomry City qaic �'° Fina�u.tial Sm D'v. Fuwncial Sw/aaig Order � 3 Mayw (Or Civil Savim Commission 9 � a1` — — 7otai # of Signature Pages �_ (Ctip All Loeations tor Signature) Action Requested: Approve resolution to��ir lead paint hazard controi and lead hazard reduction program services to Ramsey County. 5 Q (� Recommendations: Approve (A) or Rejeet (R) Personal Service Contracts Must Answer the Following Questions: t. Has this persoNfirm ever vrorked under a cont2d for this departmeni? Fianning Cammission Yes No CIB Cwnmiltee 2 Has this persoNt'um ever been a city employee? Civil Service Commission Yes No 3. Dces this persoNfirm possess a skill not normally possessed by any curtent city employee? Yes No Explain ail yes answers on separate sheet and attach to green sheet Initiating Problem, Issue, Opportu�ity (Who, Wbat, When, Where, Why�: City's Housing Code Enforcement Section and the Saint Paul-Ramsey County Public Heaith Department have recommended that lead paint hazard control and lead hazard reduction services be provided throughout the County. AdvantageslfApproved: - Lead paint hazard control and lead hazard reduction services will be provided throughout the County. E� ' uisadvan"tagesiii+pproved: n 9 , None AUG � r ��A°�-rYt`j �rw MAYC}ft'� OFF�. _, . ...� Q �' �;_�:• Disadvantages If Not Approved: AUG � g �998 Lead paint hazard control will not be provided thr9ughout the County. �� ,��,� �� ,�� , � Total Amount of TransaMion: S Cosf/Revenue Budgeted: Funding Source: Activity Number: �i �nC` � Financiaflnformatioa:(Ezpiain) GUf�CL w.., :.;i:,;;: � �UG � : 1�9 HiUSERSUDMIMLEAD-RES `t� - lo4q the COLTNTY its interests in and obligations under each individual contract relating to duties transferred to the COITNTY under this Agreement. The CITY is responsible for obtauring all necessary approvals from the respective contractors. All encumbered by or receivables owed to the CITY for eapenses associat con`Gracts will be transferred to the COUNTY. In the event that a ontrac � � with the cannot be assi ed to the COLTNTY, the CITY will continue to co y with the terms of the its expiration or ternunation. D. Property t� ancing For 1999 and fut re years, the COLTNTY will b responsible for including the taac levy in its budget to pro 'de the services nursua to II. A., above. E. Payment to City The COIJNTY will pay th. to the COLJNTY effective to be paid will be the actual VI. Personnel 1 This Agreement is a certain duties and re employees from the 9r the use of CITY employees providing services 1, 1999, pursuant to this Agreement. The amount of services agree ent. The COiTNTY agrees to accept ies from the CITY a is purchasing the services of CITY until such time as the is able to staffservices with COLTNTY empl ees. Such staffing shall be accomplished`by transferring CITY positions that become acant through attrition to the COLJNTY. Any created d e to service needs shall be COUNTY positions. VII. Crener Conditions positions which may be Term \ The initial term of this Agreement shall be through December 31, agreement will automatically renew for additional ten (10) year te 4 1. This unless written RESOLUTfON CITY OF SAINT PAUL, MINNESOTA Presented By: Council File # p + Q� Green Sheet # 24167 �Y Referred To: Committee: Date � z 3 4 s 6 7 8 9 io �i iz t3 14 15 16 17 ia is zo 21 22 23 24 25 26 27 28 29 30 37 32 33 34 WHEREAS, In 1996, Ramsey County and the City of Saint Paul approved a Joint Powers Agreement (JPA) for Public Health services effective July 1,1997; and WHEREAS, it is agreed that the Lead Reduction and Hazardous Paint programs of the City would most effectively be managed as part of those City-County Public Health Services; and WHEREAS, the City and the County have agreed to a JPA transferring the program management to the County and WHEREAS, the City and Unions affected 6y this change have agreed to a Memo of Understanding (MOU) that is agreeable to both parties ; now therefore be it RESOLVED, that the City Council approves the Joint Pawers Agreer�ent with Ramsey County to provide Lead Reduction and Hazardous Paint programs in the City of Saint Paul as per the attached JPA. Requested by Department of: Technolo and Mana emen Services By: Peter Hames I �� Approval Recommended by FSO - Director: � Certified by Council Secretary: � � Ylr- 2� Approved by Mayor: Date Form Ap � ved by City By: BY: � . �.� �T L�� _ �MV.me�a �xa.u:sro�a,uon �aase.vncs� ssoe.sa Adopted by Council: Date �� ( \g� Joint Powers Agreement °� �' ��{ Between the City of Saint Paui and County of Ramsey For Lead Hazard Reduction and Control Services This Joint Powers Agreement (Agreement) is made and entered into by and between the City of Saint Paul, a duly chartered city of the first class, and the County of Ramsey, a duly chartered political subdivision, both of the State of NTinnesota. Whereas, in December 1996 the Ramsey County Board and the Saint Paul City Council approved a 3oint Powers Agreement for Public Health Services effective 7uly 1, 1997, and Whereas, City and County staff recommend that the services of the City Lead Paint Hazard Control and Lead Hazard Reduction programs be combined with the Saint Paul-Ramsey County Department of Public Health through a purchase of services agreement; and Whereas, the purpose of this Agreement is to streamline the implementation of the joint Community Health Services Plan; to increase coordination of lead poisoning prevention and control services; and to provide high quality, efficient and cost-effective pubiic health services to the citizens ofthe City and the County; Therefore, the parties agree as follows: I. Definitions Unless othenvise provided in this Agreement, all services listed below shall have the meanings ascribed to them in the 1998 City of Saint Pau] and County of Ramsey budgets; the Saint Paul-Ramsey County Community Health Services Plan for 1996 to 1999, any future amendments thereto and successor documents; and the Ramsey County Solid Waste Master Plan in effect as of the date of this Agreement. II. Public Health Setvices The public health services described in the Saint Paul-Ramsey County Community Health qt-toq9. Services Pian for 1996-1999, any future amendments thereto, and successor documents (PLAI�; the 1998 City of Saint Paul and County of Ramsey budgets; and the Ramsey County Solid Waste Master Plan shall be jointly provided by the City of Saint Paul (CTTY} and the County of Ramsey (COIJI�'PI� as described herein. A. County Duties Effective January 1, 1999, the County shall begin providing the following services on behalf of the City inside the City limits, as well as on behalf of the entire County through the Saint Paul - Ramsey County Department ofPublic Health: Lead Paint Hazard Control 2. Lead Hazard Reduction B. I,evel of Services 1. Services described in the PLAN that haue been performed by either the CITY or the COIJNTY up to the effective date of this Agreement shall not be eliminated or reduced as a direct result of this Agreement, except: a. after compliance with the statutory process for amendment of the PLAN, or b. through budgeting processes. Both the County and City budgets are subject to the budget review and comment procedures described in Paragraph VIL C. below. 2. The parties acknowledge that provision of services at current levels will depend upon the continued availability of state and federal funding, and continuing authority under applicable state and/or federal law. If funding or authority changes during the term of this Agreement, the parties agree to incorporate such changes as are necessary into the PLAN or their respective budgets, as applicable. 2 III. Governance � t-ro�q The COLTNTY is hereby designated the agent for the CITY with respect to the delivery of services set forth in Paragraph II. A, above. The Ramsey Counry Board of Commissioners shall have all governing and decision-making authority with respect to the delivery of services set forth in Paragraph II. A.. The CITY expressly reserves its authority to review and approve amendments to the PLAN and future Community Health Services Plans and any amendments thereto. In the event the CITY wishes to increase service levels beyond that called for in the Plan or the annual budget, the CITY may purchase an increase in the service level by paying the cost for the services to the COLTNTY. The COUNTY shall have the authority to deliver any such increased services on behaif of the CITY. IV. Finance and BudgetIssues A. Grants On or before January 1, 1999 the CITY wiil assign to the COLTNTY its interests and obligations under each individuai grant relating to duties transfened to the COLJNTY under this Agreement. The CITY is responsible for obtaining all necessary approvals from the respective grantors. All funds from such grants will be transferted to the GOIJNTY. In the event that a grant(s) cannot be assigned to the COiJNTY, the CITY will contract with the COLJNTY to provide the services on the CITY's behalf and pay the COLTNTY for the services within thirty-five (35) days of invoice. B. Transfer of assets The CITY will provide an inventory o£ any personal property to be transfened within sixty (60) days of execution of this Agreement. C. Assignment of contracts On or before 7anuary i, 1999, the CITY wili, if requested by the COLTNTY, assign to �imeY�e�. — ��.11�`�l�' R$- (Oqg the COUNTY its interests in and obligations under each individual contract relating to duries transferred to the COiJNTY under this Agreement. The CITY is responsible for obtauung all necessary approvals from the respective contractors. All funds encumbered by or receivables owed to the CITY for expenses associated with the contracts will be transferred to the COUNTY. In the event that a contract(s) cannot be assigned to the COLJNTY, the CTTY will continue to comply with the terms of the contract(s) until its expiration or temilnation. D. Property ta�c financing For 2000 and future years, the COUNTY will be responsib]e for inc]uding the ta�c levy in its budget to provide the services pursuant to II. A. above. E. Payment to City The COLJNTY will pay the CITY for the use of CITY employees providing services to the COLTNTY effective January 1, 1999, pursuant to this Agreement. The amount to be paid will be the actual CITY cost. VI. Personnel This Agreement is a purchase of services agreement. The COLJNTY agrees to accept certain duties and responsibilities from the CITY and is purchasing the services of CITY employees from the CITY untii such time as the COUNTY is able to stafF services with COUN'I'Y employees. Such staffing shall be accomplished by transferring CITY positions that become vacant through attrition to the COLTNTY. Any new positions which may be created due to service needs shall be COLTNTY positions. VII. General Conditions A. Term The initial term of this Agreement shall be through December 31, 2001. This agreement will automaticaily renew for additional ten (10) yeaz terms, unless written 0 °tP- toqq notice of intent not to renew is provided by either party to the other, at least one (1) year prior to the end of the term then in effect. In such a case, the Agreement shall expire at midnight on the last day of the term then in effect. B. Insurance It is acknowledged that both paRies rely primarily on self-insurance programs for liability coverages, including statutory workers' compensation coverage. Each party agrees to maintain its self insurance program or to obtain insurance policies for tort, automobile, professional liability and compensation coverage. Such tort, automobile or professional liability insurance policies, it any, shall have minimum limits of those liability limits established by Minnesota Statutes Chapter 466 (1997) and as amended, or, in the case of workers compensation coverage, shall have minimum limits as established by state statute. The parties agree to work cooperatively with respect to workers compensation return-to-work programs for employees. C. Budget review and comment Each party wiil notify the other in writing when its proposed public health budget is ready for review, which shall be no later than June 15 of the year preceding the term of the budget year. Each party may review the other party's public health budget and may submit comments within thirty (30) days of the notice. D. Nonassignability Neither party shall assign any interest in this Agreement and shall not transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other party. E. Independentcontractor It is agreed that nothing contained in this Agreement is intended or should be �iY � ioqq construed as constituting either party as the employee of the other party for any purpose or in any manner whatsoever. Each pariy is an independent contractor and neither it, its employees, agents nor representatives aze employees of the other party. Payment of federal income tax, FICA payments and state income tas are the responsibility of each party for their own employees, agents or representatives, as required by law. F. Data practices All data collected, created, received, maintained or disseminated for any purpose in the course of the parties performance of this Agreement is governed by the Mimiesota Government Data Practices Act, Minnesota Statutes Chapter 13, and any other applicable state and/or federal statutes, rules or regulations on data privacy. G. Access to documents Unti] expiration of three years after the fizrnishing of services pursuant to this Agreement, each party, upon written request of the other party, shall make available to the requesting party, the State Auditor or the requesting party's ultimate funding sources, a copy of this Agreement and the books, documents, records and accounting procedures and practices relating to this Agreement. H. Indemnification Each party shall indemnify, hold harmless and defend the other party, its employees and officials against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys fees, which have been or may hereafter be incurred by the second party as a result of acts or omissions by the first party, including any and all liability loss, costs, damages, expenses, claims or actions, including attorneys fees, which may hereafter be incurred, arising out of or by reason of any act or omission in the execution, performance, or failure to adequately perform its obligations pursuant a�-foqq to this Agreement. Nothing herein shall constitute a waiver by either party of the limitations and exceptions to liability available at Minnesota Statutes Chapter 466 or any other appiicable law_ I. Alteration Any alteration, variation, modification, or waiver ofthe provisions ofthis Agreement shall he valid only after it has been reduced to writing and duly signed by both parties. 7. Compliance with applicable law Each party agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the parties performance of the provisions of this Agreement. It shall be the obligation of each party to apply for, pay for and obtain all pernuts and/or licenses required by any governmental agency for the party's provision ofthe services contemplated herein. K. Workforce diversity The parties shal] make good faith efforts, in accordance with applicable law, throughout the term of this Agreement, any extensions thereof, to employ persons of color for all classifications of work under this Agreement, and shall, when requested by the other party, submit a written report to the other party regarding the efforts and results of such efforts, including employment hy job classification. L. Waste reduction Each party may participate, depending on its policies, programs and funding capabilities, in a recyciing program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this Agreement shall be �g- loq4 printed on both sides of the paper, where commonly accepted publishing practices ailow, on recycled and recyclable paper using soy-based inks, and shall be bound in a manner that does not use glue. M. Equal employment opportunity Each party agrees to comply with all federal, state and local laws, resolurions, ordinances (including Chapter 183 of the Saint Paul Legislarive Code), rules, regulations and executive orders, including the Americans with Disabilities Act, pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, gender, marital status, status with regard to public assistance, sexual preference, disability, or age. When required by law or requested by the other parly, each party shall fumish a written affirmative action plan. N. Prevailing wage Al] contractors and subcontractors shall conform to the labor laws of the State of Minnesota, and all other laws, ordinances, and legal requirements affecting the work in Ramsey County and the State of Minnesota. The wage rates for the job classifications affected by this Purchase of Services Agreement shall be the wage rates established by the col]ective bargaining agreements ofthe respective parties, or by action of the governing body for positions not covered by a collective bargaining agreement. 0. General Workplace Policies Each party shall make all reasonable efforts to ensure that the party's employees, officials and subcontractors abide by such written policies or civil service rules pertaining to nonviolence, racial harassment and sexual harassment and will process and address any complaints alleging violations of those rules or policies in a diligent manner. P. Entire agreement �Y-toq4 This Agreement shall constitute the entire Agreement between the parties and shall supersede all prior oral or written negotiations. Q. Severability The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invatid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or othenvise unenforceable shall substantially impair the value ofthe entire Agreement with respect to either party. R. Notice Any notice required to be given by this Agreement shall be made by United States mail to: COUNTY County Manager 250 Courthouse-City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 CITY Mayor 390 Courthouse-City Ha]] 15 West Kellogg Boulevard Saint Paul, MN 55102 0 �g - laqq In Witness Thereof, the undersigned governmental units, by action of their governing bodies, haue caused this Agreement to be executed in accotdance with the authority ofMinnesota Statutes Section 471.59. County of Ramsey By Susan Haigh, Chair Board of Commissioners By Bonnie C. Jackelen Chief Clerk Approved as to form: Assistant County Attorney Insurance approved: Risk Manager Funds are available: Budget and Accounting Recommended: Director, Saint Paul-Ramsey County Department of Public Health G:ISHAREDWdminlFiEALTH�Lead JPA2.wpd By City Clerk as to form: Assistant City Funds are available: �� ir cto or Financial Services l� DEPARTMENT/OFFlCFICOUNCIL DA]EIMTfAiED � / Tech. & Mgmnt. Services 12-04-98 GREEN SHE T NO. 24167 � m�ua i o� CANTACCPERSON&PHONE OI DEPARiMENiOIXECIO OS aTYCAI1Nm. PeterHames 266-5796 �"�� orvn'rrors�r � c1'rca.ouc ��' O2 FINANCW.SERVILFSDIA � F1N.SE0.VICESOFF/ACCTG MUSlBEONCO[IN�I.AGENDABY(DAiE) �R �6 MAVOR(OFASSISI'AN'� � CSffi''ACCOUIViAN]" TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ALIION REQUFS[ED Approve the attached Joint Powers A�eemeat for I.ead -Aa7ardus Paint programs aECUnum+oaa'i0N5: n�m.e(w)arxqex(x) PERSONAL SERVICE CONIRACIS hf[JST ANSWER THE FOLLOWING QUESTIONS: viannvwc coamusvoN 1. Has this pe�sod5m evu worked wder a conaactfor tfiis depaNnmt? ��p�EE YES NO QVIL SERVICECOM1P455[ON 2. Has this person/fi�m ever bern a city employee? YES NO 3. Dces tltis persoNfirm possess a s}all notnom�ally possessed by any aurent city employee? YES NO 4. Ls tltis person / Ucm a ta eeted vendol! YES NO (Explain all yes answers on separate sheet and attach [o green sheet) IMTIwTA1GPR0aLEM, I55lIE, OPPONIUNI]Y (Nho. HhzS �4 ��. �Y): The lead reduction programs will more effectively operate within the City-County Public Health Service which operates under a Joint Powers agreement between the City of Saint Paul and Ramsey County. This JPA would allow tlte City to sell services to the County, which will manage the lead reduction p A Memo of Understanding (MOLn Aas been negoriated between the City and affected unions and will be submitted in a sepazate resolution. ADVANTAGESi£APPROVED. The lead reducrion programs affecting the health of city residents can be most effectively managed if workmg moxe closely with the Public Health seroices instead of Housing Code Enforcement. This ageement brings the management of the two programs into better synchronization. OI$ADVAN[AGES IF APP20VE�: None DISADVAN"fAGESOFNOTAPPROVED The lead xeducrion programs will operate as a"loose end" without management most concemed about public health issues as a priority. RECEIVED TdLALAMOUNlOFiRAN5ACL10N PIIa COS'1'/REVE�"UEBIIDGETED(CRtCLEOttE) O NO PIINDINGSOIIRCE �� R�SQ��'' ��ER DEC - 41998 Finavc�u, mFO�e[✓anoN: �einuu7 ��C � 7 'I9�� MAYOR'S OFFICE SaiMPaulBUtlBetOHice (H:1,1,'@Tformslreso� JPA98.WKG) 12-U4A8 �� Presented By Referred To Committee: Date 1 Whereas, the City of Saint Paut and County of Ramsey approved a 7oint Powers Agreement (7PA} for public 2 health services in December, 1996; and 4 Whereas, the 3PA for public health services was effective 3uly 1, ] 997; and 5 6 Whereas, the City and County negotiated the impacts of the JPA with bargaining units representing the 7 affected City and County employees and the results of those negotiations are contained in memoranda of 8 understanding dated Aprii 17, 1997 (City) and Apri127, 1997 (County); and 10 Whereas, under the 7PA, the City is seiling certain public health services to the County, to be provided on a 11 countywide basis; and 12 13 14 15 16 17 18 19 20 Whereas, the City retained some public health services that are not affected by the JPA; and Whereas, the stafffrom the City's Fiousing Code Enforcement Section and the Saint Pau]-Ramsey County Pubiic HealYh Department have recommended that lead paint hazard control and lead hazard reduction services should be provided throughout the County; and Whereas, the City is able and willing to sell those services to the County; and Zi n%nereas, ine Ciry Councii and Counry Fsoard, upon the recommendacion oi ine iviayor and the Couniy 22 Manager, agree that, as a policy matter, the City should sell those services to the County; and 23 24 Whereas, the method for accomplishing the sale of services would be a separate JPA between the City and the 25 County; and — 26 27 Whereas, the City and the County are responsible for negotiating the impacts, if any, of such a JPA with the 28 bargaining units representing the affected City and County employees; Now, therefore, be it 29 30 Resolved that the City Council and County Board request that staff prepare a JPA that will result in the lead 31 paint hazard control and lead hazard reduction program services being sold to the County; and be it 32 33 Further Resolved, that City and County staff are requested to review the impacts, if any, of this JPA upon 34 existing collective bargaining agreements and negotiate any changes in tecros and conditions of empioyment. 35 36 °l8'- toqq council Fi1e # 9.� �`��O creen sheet � GOO/� RESOLUTION CITY OF SAINT PAUL, MINNESOTA 0 9� �.� B�an�v �`n�� Requested by Denartment of: �A �� ' •�• V-!-�'11 •� :� ' ' / �/ ,, y / Adoption Certified by Council Secretary By: a Approved by a te - By: OR�GiNA� Adopted by Council: Date ��. �� ` \qqp Form Approved by City Attorney r By: ��1� �� oeparonenuorficdcounca: o�ce ��iwted `1� �-f�G Technology&ManagementServices Augast19,1998 Green SheetNo 60412 Contact Person 3 Phone; o Assign InitlaUEate Initla� t r /� ^ 'PeteTH2mes - Number �'� FOf 1 Depettmrnt Dir. 4 City Coun�ii Must Be on Council Agenda by (Date) Routing 3 City Anomry City qaic �'° Fina�u.tial Sm D'v. Fuwncial Sw/aaig Order � 3 Mayw (Or Civil Savim Commission 9 � a1` — — 7otai # of Signature Pages �_ (Ctip All Loeations tor Signature) Action Requested: Approve resolution to��ir lead paint hazard controi and lead hazard reduction program services to Ramsey County. 5 Q (� Recommendations: Approve (A) or Rejeet (R) Personal Service Contracts Must Answer the Following Questions: t. Has this persoNfirm ever vrorked under a cont2d for this departmeni? Fianning Cammission Yes No CIB Cwnmiltee 2 Has this persoNt'um ever been a city employee? Civil Service Commission Yes No 3. Dces this persoNfirm possess a skill not normally possessed by any curtent city employee? Yes No Explain ail yes answers on separate sheet and attach to green sheet Initiating Problem, Issue, Opportu�ity (Who, Wbat, When, Where, Why�: City's Housing Code Enforcement Section and the Saint Paul-Ramsey County Public Heaith Department have recommended that lead paint hazard control and lead hazard reduction services be provided throughout the County. AdvantageslfApproved: - Lead paint hazard control and lead hazard reduction services will be provided throughout the County. E� ' uisadvan"tagesiii+pproved: n 9 , None AUG � r ��A°�-rYt`j �rw MAYC}ft'� OFF�. _, . ...� Q �' �;_�:• Disadvantages If Not Approved: AUG � g �998 Lead paint hazard control will not be provided thr9ughout the County. �� ,��,� �� ,�� , � Total Amount of TransaMion: S Cosf/Revenue Budgeted: Funding Source: Activity Number: �i �nC` � Financiaflnformatioa:(Ezpiain) GUf�CL w.., :.;i:,;;: � �UG � : 1�9 HiUSERSUDMIMLEAD-RES `t� - lo4q the COLTNTY its interests in and obligations under each individual contract relating to duties transferred to the COITNTY under this Agreement. The CITY is responsible for obtauring all necessary approvals from the respective contractors. All encumbered by or receivables owed to the CITY for eapenses associat con`Gracts will be transferred to the COUNTY. In the event that a ontrac � � with the cannot be assi ed to the COLTNTY, the CITY will continue to co y with the terms of the its expiration or ternunation. D. Property t� ancing For 1999 and fut re years, the COLTNTY will b responsible for including the taac levy in its budget to pro 'de the services nursua to II. A., above. E. Payment to City The COIJNTY will pay th. to the COLJNTY effective to be paid will be the actual VI. Personnel 1 This Agreement is a certain duties and re employees from the 9r the use of CITY employees providing services 1, 1999, pursuant to this Agreement. The amount of services agree ent. The COiTNTY agrees to accept ies from the CITY a is purchasing the services of CITY until such time as the is able to staffservices with COLTNTY empl ees. Such staffing shall be accomplished`by transferring CITY positions that become acant through attrition to the COLJNTY. Any created d e to service needs shall be COUNTY positions. VII. Crener Conditions positions which may be Term \ The initial term of this Agreement shall be through December 31, agreement will automatically renew for additional ten (10) year te 4 1. This unless written RESOLUTfON CITY OF SAINT PAUL, MINNESOTA Presented By: Council File # p + Q� Green Sheet # 24167 �Y Referred To: Committee: Date � z 3 4 s 6 7 8 9 io �i iz t3 14 15 16 17 ia is zo 21 22 23 24 25 26 27 28 29 30 37 32 33 34 WHEREAS, In 1996, Ramsey County and the City of Saint Paul approved a Joint Powers Agreement (JPA) for Public Health services effective July 1,1997; and WHEREAS, it is agreed that the Lead Reduction and Hazardous Paint programs of the City would most effectively be managed as part of those City-County Public Health Services; and WHEREAS, the City and the County have agreed to a JPA transferring the program management to the County and WHEREAS, the City and Unions affected 6y this change have agreed to a Memo of Understanding (MOU) that is agreeable to both parties ; now therefore be it RESOLVED, that the City Council approves the Joint Pawers Agreer�ent with Ramsey County to provide Lead Reduction and Hazardous Paint programs in the City of Saint Paul as per the attached JPA. Requested by Department of: Technolo and Mana emen Services By: Peter Hames I �� Approval Recommended by FSO - Director: � Certified by Council Secretary: � � Ylr- 2� Approved by Mayor: Date Form Ap � ved by City By: BY: � . �.� �T L�� _ �MV.me�a �xa.u:sro�a,uon �aase.vncs� ssoe.sa Adopted by Council: Date �� ( \g� Joint Powers Agreement °� �' ��{ Between the City of Saint Paui and County of Ramsey For Lead Hazard Reduction and Control Services This Joint Powers Agreement (Agreement) is made and entered into by and between the City of Saint Paul, a duly chartered city of the first class, and the County of Ramsey, a duly chartered political subdivision, both of the State of NTinnesota. Whereas, in December 1996 the Ramsey County Board and the Saint Paul City Council approved a 3oint Powers Agreement for Public Health Services effective 7uly 1, 1997, and Whereas, City and County staff recommend that the services of the City Lead Paint Hazard Control and Lead Hazard Reduction programs be combined with the Saint Paul-Ramsey County Department of Public Health through a purchase of services agreement; and Whereas, the purpose of this Agreement is to streamline the implementation of the joint Community Health Services Plan; to increase coordination of lead poisoning prevention and control services; and to provide high quality, efficient and cost-effective pubiic health services to the citizens ofthe City and the County; Therefore, the parties agree as follows: I. Definitions Unless othenvise provided in this Agreement, all services listed below shall have the meanings ascribed to them in the 1998 City of Saint Pau] and County of Ramsey budgets; the Saint Paul-Ramsey County Community Health Services Plan for 1996 to 1999, any future amendments thereto and successor documents; and the Ramsey County Solid Waste Master Plan in effect as of the date of this Agreement. II. Public Health Setvices The public health services described in the Saint Paul-Ramsey County Community Health qt-toq9. Services Pian for 1996-1999, any future amendments thereto, and successor documents (PLAI�; the 1998 City of Saint Paul and County of Ramsey budgets; and the Ramsey County Solid Waste Master Plan shall be jointly provided by the City of Saint Paul (CTTY} and the County of Ramsey (COIJI�'PI� as described herein. A. County Duties Effective January 1, 1999, the County shall begin providing the following services on behalf of the City inside the City limits, as well as on behalf of the entire County through the Saint Paul - Ramsey County Department ofPublic Health: Lead Paint Hazard Control 2. Lead Hazard Reduction B. I,evel of Services 1. Services described in the PLAN that haue been performed by either the CITY or the COIJNTY up to the effective date of this Agreement shall not be eliminated or reduced as a direct result of this Agreement, except: a. after compliance with the statutory process for amendment of the PLAN, or b. through budgeting processes. Both the County and City budgets are subject to the budget review and comment procedures described in Paragraph VIL C. below. 2. The parties acknowledge that provision of services at current levels will depend upon the continued availability of state and federal funding, and continuing authority under applicable state and/or federal law. If funding or authority changes during the term of this Agreement, the parties agree to incorporate such changes as are necessary into the PLAN or their respective budgets, as applicable. 2 III. Governance � t-ro�q The COLTNTY is hereby designated the agent for the CITY with respect to the delivery of services set forth in Paragraph II. A, above. The Ramsey Counry Board of Commissioners shall have all governing and decision-making authority with respect to the delivery of services set forth in Paragraph II. A.. The CITY expressly reserves its authority to review and approve amendments to the PLAN and future Community Health Services Plans and any amendments thereto. In the event the CITY wishes to increase service levels beyond that called for in the Plan or the annual budget, the CITY may purchase an increase in the service level by paying the cost for the services to the COLTNTY. The COUNTY shall have the authority to deliver any such increased services on behaif of the CITY. IV. Finance and BudgetIssues A. Grants On or before January 1, 1999 the CITY wiil assign to the COLTNTY its interests and obligations under each individuai grant relating to duties transfened to the COLJNTY under this Agreement. The CITY is responsible for obtaining all necessary approvals from the respective grantors. All funds from such grants will be transferted to the GOIJNTY. In the event that a grant(s) cannot be assigned to the COiJNTY, the CITY will contract with the COLJNTY to provide the services on the CITY's behalf and pay the COLTNTY for the services within thirty-five (35) days of invoice. B. Transfer of assets The CITY will provide an inventory o£ any personal property to be transfened within sixty (60) days of execution of this Agreement. C. Assignment of contracts On or before 7anuary i, 1999, the CITY wili, if requested by the COLTNTY, assign to �imeY�e�. — ��.11�`�l�' R$- (Oqg the COUNTY its interests in and obligations under each individual contract relating to duries transferred to the COiJNTY under this Agreement. The CITY is responsible for obtauung all necessary approvals from the respective contractors. All funds encumbered by or receivables owed to the CITY for expenses associated with the contracts will be transferred to the COUNTY. In the event that a contract(s) cannot be assigned to the COLJNTY, the CTTY will continue to comply with the terms of the contract(s) until its expiration or temilnation. D. Property ta�c financing For 2000 and future years, the COUNTY will be responsib]e for inc]uding the ta�c levy in its budget to provide the services pursuant to II. A. above. E. Payment to City The COLJNTY will pay the CITY for the use of CITY employees providing services to the COLTNTY effective January 1, 1999, pursuant to this Agreement. The amount to be paid will be the actual CITY cost. VI. Personnel This Agreement is a purchase of services agreement. The COLJNTY agrees to accept certain duties and responsibilities from the CITY and is purchasing the services of CITY employees from the CITY untii such time as the COUNTY is able to stafF services with COUN'I'Y employees. Such staffing shall be accomplished by transferring CITY positions that become vacant through attrition to the COLTNTY. Any new positions which may be created due to service needs shall be COLTNTY positions. VII. General Conditions A. Term The initial term of this Agreement shall be through December 31, 2001. This agreement will automaticaily renew for additional ten (10) yeaz terms, unless written 0 °tP- toqq notice of intent not to renew is provided by either party to the other, at least one (1) year prior to the end of the term then in effect. In such a case, the Agreement shall expire at midnight on the last day of the term then in effect. B. Insurance It is acknowledged that both paRies rely primarily on self-insurance programs for liability coverages, including statutory workers' compensation coverage. Each party agrees to maintain its self insurance program or to obtain insurance policies for tort, automobile, professional liability and compensation coverage. Such tort, automobile or professional liability insurance policies, it any, shall have minimum limits of those liability limits established by Minnesota Statutes Chapter 466 (1997) and as amended, or, in the case of workers compensation coverage, shall have minimum limits as established by state statute. The parties agree to work cooperatively with respect to workers compensation return-to-work programs for employees. C. Budget review and comment Each party wiil notify the other in writing when its proposed public health budget is ready for review, which shall be no later than June 15 of the year preceding the term of the budget year. Each party may review the other party's public health budget and may submit comments within thirty (30) days of the notice. D. Nonassignability Neither party shall assign any interest in this Agreement and shall not transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other party. E. Independentcontractor It is agreed that nothing contained in this Agreement is intended or should be �iY � ioqq construed as constituting either party as the employee of the other party for any purpose or in any manner whatsoever. Each pariy is an independent contractor and neither it, its employees, agents nor representatives aze employees of the other party. Payment of federal income tax, FICA payments and state income tas are the responsibility of each party for their own employees, agents or representatives, as required by law. F. Data practices All data collected, created, received, maintained or disseminated for any purpose in the course of the parties performance of this Agreement is governed by the Mimiesota Government Data Practices Act, Minnesota Statutes Chapter 13, and any other applicable state and/or federal statutes, rules or regulations on data privacy. G. Access to documents Unti] expiration of three years after the fizrnishing of services pursuant to this Agreement, each party, upon written request of the other party, shall make available to the requesting party, the State Auditor or the requesting party's ultimate funding sources, a copy of this Agreement and the books, documents, records and accounting procedures and practices relating to this Agreement. H. Indemnification Each party shall indemnify, hold harmless and defend the other party, its employees and officials against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys fees, which have been or may hereafter be incurred by the second party as a result of acts or omissions by the first party, including any and all liability loss, costs, damages, expenses, claims or actions, including attorneys fees, which may hereafter be incurred, arising out of or by reason of any act or omission in the execution, performance, or failure to adequately perform its obligations pursuant a�-foqq to this Agreement. Nothing herein shall constitute a waiver by either party of the limitations and exceptions to liability available at Minnesota Statutes Chapter 466 or any other appiicable law_ I. Alteration Any alteration, variation, modification, or waiver ofthe provisions ofthis Agreement shall he valid only after it has been reduced to writing and duly signed by both parties. 7. Compliance with applicable law Each party agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the parties performance of the provisions of this Agreement. It shall be the obligation of each party to apply for, pay for and obtain all pernuts and/or licenses required by any governmental agency for the party's provision ofthe services contemplated herein. K. Workforce diversity The parties shal] make good faith efforts, in accordance with applicable law, throughout the term of this Agreement, any extensions thereof, to employ persons of color for all classifications of work under this Agreement, and shall, when requested by the other party, submit a written report to the other party regarding the efforts and results of such efforts, including employment hy job classification. L. Waste reduction Each party may participate, depending on its policies, programs and funding capabilities, in a recyciing program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this Agreement shall be �g- loq4 printed on both sides of the paper, where commonly accepted publishing practices ailow, on recycled and recyclable paper using soy-based inks, and shall be bound in a manner that does not use glue. M. Equal employment opportunity Each party agrees to comply with all federal, state and local laws, resolurions, ordinances (including Chapter 183 of the Saint Paul Legislarive Code), rules, regulations and executive orders, including the Americans with Disabilities Act, pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, gender, marital status, status with regard to public assistance, sexual preference, disability, or age. When required by law or requested by the other parly, each party shall fumish a written affirmative action plan. N. Prevailing wage Al] contractors and subcontractors shall conform to the labor laws of the State of Minnesota, and all other laws, ordinances, and legal requirements affecting the work in Ramsey County and the State of Minnesota. The wage rates for the job classifications affected by this Purchase of Services Agreement shall be the wage rates established by the col]ective bargaining agreements ofthe respective parties, or by action of the governing body for positions not covered by a collective bargaining agreement. 0. General Workplace Policies Each party shall make all reasonable efforts to ensure that the party's employees, officials and subcontractors abide by such written policies or civil service rules pertaining to nonviolence, racial harassment and sexual harassment and will process and address any complaints alleging violations of those rules or policies in a diligent manner. P. Entire agreement �Y-toq4 This Agreement shall constitute the entire Agreement between the parties and shall supersede all prior oral or written negotiations. Q. Severability The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invatid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or othenvise unenforceable shall substantially impair the value ofthe entire Agreement with respect to either party. R. Notice Any notice required to be given by this Agreement shall be made by United States mail to: COUNTY County Manager 250 Courthouse-City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 CITY Mayor 390 Courthouse-City Ha]] 15 West Kellogg Boulevard Saint Paul, MN 55102 0 �g - laqq In Witness Thereof, the undersigned governmental units, by action of their governing bodies, haue caused this Agreement to be executed in accotdance with the authority ofMinnesota Statutes Section 471.59. County of Ramsey By Susan Haigh, Chair Board of Commissioners By Bonnie C. Jackelen Chief Clerk Approved as to form: Assistant County Attorney Insurance approved: Risk Manager Funds are available: Budget and Accounting Recommended: Director, Saint Paul-Ramsey County Department of Public Health G:ISHAREDWdminlFiEALTH�Lead JPA2.wpd By City Clerk as to form: Assistant City Funds are available: �� ir cto or Financial Services l� DEPARTMENT/OFFlCFICOUNCIL DA]EIMTfAiED � / Tech. & Mgmnt. Services 12-04-98 GREEN SHE T NO. 24167 � m�ua i o� CANTACCPERSON&PHONE OI DEPARiMENiOIXECIO OS aTYCAI1Nm. PeterHames 266-5796 �"�� orvn'rrors�r � c1'rca.ouc ��' O2 FINANCW.SERVILFSDIA � F1N.SE0.VICESOFF/ACCTG MUSlBEONCO[IN�I.AGENDABY(DAiE) �R �6 MAVOR(OFASSISI'AN'� � CSffi''ACCOUIViAN]" TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ALIION REQUFS[ED Approve the attached Joint Powers A�eemeat for I.ead -Aa7ardus Paint programs aECUnum+oaa'i0N5: n�m.e(w)arxqex(x) PERSONAL SERVICE CONIRACIS hf[JST ANSWER THE FOLLOWING QUESTIONS: viannvwc coamusvoN 1. Has this pe�sod5m evu worked wder a conaactfor tfiis depaNnmt? ��p�EE YES NO QVIL SERVICECOM1P455[ON 2. Has this person/fi�m ever bern a city employee? YES NO 3. Dces tltis persoNfirm possess a s}all notnom�ally possessed by any aurent city employee? YES NO 4. Ls tltis person / Ucm a ta eeted vendol! YES NO (Explain all yes answers on separate sheet and attach [o green sheet) IMTIwTA1GPR0aLEM, I55lIE, OPPONIUNI]Y (Nho. HhzS �4 ��. �Y): The lead reduction programs will more effectively operate within the City-County Public Health Service which operates under a Joint Powers agreement between the City of Saint Paul and Ramsey County. This JPA would allow tlte City to sell services to the County, which will manage the lead reduction p A Memo of Understanding (MOLn Aas been negoriated between the City and affected unions and will be submitted in a sepazate resolution. ADVANTAGESi£APPROVED. The lead reducrion programs affecting the health of city residents can be most effectively managed if workmg moxe closely with the Public Health seroices instead of Housing Code Enforcement. This ageement brings the management of the two programs into better synchronization. OI$ADVAN[AGES IF APP20VE�: None DISADVAN"fAGESOFNOTAPPROVED The lead xeducrion programs will operate as a"loose end" without management most concemed about public health issues as a priority. RECEIVED TdLALAMOUNlOFiRAN5ACL10N PIIa COS'1'/REVE�"UEBIIDGETED(CRtCLEOttE) O NO PIINDINGSOIIRCE �� R�SQ��'' ��ER DEC - 41998 Finavc�u, mFO�e[✓anoN: �einuu7 ��C � 7 'I9�� MAYOR'S OFFICE SaiMPaulBUtlBetOHice (H:1,1,'@Tformslreso� JPA98.WKG) 12-U4A8 �� Presented By Referred To Committee: Date 1 Whereas, the City of Saint Paut and County of Ramsey approved a 7oint Powers Agreement (7PA} for public 2 health services in December, 1996; and 4 Whereas, the 3PA for public health services was effective 3uly 1, ] 997; and 5 6 Whereas, the City and County negotiated the impacts of the JPA with bargaining units representing the 7 affected City and County employees and the results of those negotiations are contained in memoranda of 8 understanding dated Aprii 17, 1997 (City) and Apri127, 1997 (County); and 10 Whereas, under the 7PA, the City is seiling certain public health services to the County, to be provided on a 11 countywide basis; and 12 13 14 15 16 17 18 19 20 Whereas, the City retained some public health services that are not affected by the JPA; and Whereas, the stafffrom the City's Fiousing Code Enforcement Section and the Saint Pau]-Ramsey County Pubiic HealYh Department have recommended that lead paint hazard control and lead hazard reduction services should be provided throughout the County; and Whereas, the City is able and willing to sell those services to the County; and Zi n%nereas, ine Ciry Councii and Counry Fsoard, upon the recommendacion oi ine iviayor and the Couniy 22 Manager, agree that, as a policy matter, the City should sell those services to the County; and 23 24 Whereas, the method for accomplishing the sale of services would be a separate JPA between the City and the 25 County; and — 26 27 Whereas, the City and the County are responsible for negotiating the impacts, if any, of such a JPA with the 28 bargaining units representing the affected City and County employees; Now, therefore, be it 29 30 Resolved that the City Council and County Board request that staff prepare a JPA that will result in the lead 31 paint hazard control and lead hazard reduction program services being sold to the County; and be it 32 33 Further Resolved, that City and County staff are requested to review the impacts, if any, of this JPA upon 34 existing collective bargaining agreements and negotiate any changes in tecros and conditions of empioyment. 35 36 °l8'- toqq council Fi1e # 9.� �`��O creen sheet � GOO/� RESOLUTION CITY OF SAINT PAUL, MINNESOTA 0 9� �.� B�an�v �`n�� Requested by Denartment of: �A �� ' •�• V-!-�'11 •� :� ' ' / �/ ,, y / Adoption Certified by Council Secretary By: a Approved by a te - By: OR�GiNA� Adopted by Council: Date ��. �� ` \qqp Form Approved by City Attorney r By: ��1� �� oeparonenuorficdcounca: o�ce ��iwted `1� �-f�G Technology&ManagementServices Augast19,1998 Green SheetNo 60412 Contact Person 3 Phone; o Assign InitlaUEate Initla� t r /� ^ 'PeteTH2mes - Number �'� FOf 1 Depettmrnt Dir. 4 City Coun�ii Must Be on Council Agenda by (Date) Routing 3 City Anomry City qaic �'° Fina�u.tial Sm D'v. Fuwncial Sw/aaig Order � 3 Mayw (Or Civil Savim Commission 9 � a1` — — 7otai # of Signature Pages �_ (Ctip All Loeations tor Signature) Action Requested: Approve resolution to��ir lead paint hazard controi and lead hazard reduction program services to Ramsey County. 5 Q (� Recommendations: Approve (A) or Rejeet (R) Personal Service Contracts Must Answer the Following Questions: t. Has this persoNfirm ever vrorked under a cont2d for this departmeni? Fianning Cammission Yes No CIB Cwnmiltee 2 Has this persoNt'um ever been a city employee? Civil Service Commission Yes No 3. Dces this persoNfirm possess a skill not normally possessed by any curtent city employee? Yes No Explain ail yes answers on separate sheet and attach to green sheet Initiating Problem, Issue, Opportu�ity (Who, Wbat, When, Where, Why�: City's Housing Code Enforcement Section and the Saint Paul-Ramsey County Public Heaith Department have recommended that lead paint hazard control and lead hazard reduction services be provided throughout the County. AdvantageslfApproved: - Lead paint hazard control and lead hazard reduction services will be provided throughout the County. E� ' uisadvan"tagesiii+pproved: n 9 , None AUG � r ��A°�-rYt`j �rw MAYC}ft'� OFF�. _, . ...� Q �' �;_�:• Disadvantages If Not Approved: AUG � g �998 Lead paint hazard control will not be provided thr9ughout the County. �� ,��,� �� ,�� , � Total Amount of TransaMion: S Cosf/Revenue Budgeted: Funding Source: Activity Number: �i �nC` � Financiaflnformatioa:(Ezpiain) GUf�CL w.., :.;i:,;;: � �UG � : 1�9 HiUSERSUDMIMLEAD-RES `t� - lo4q the COLTNTY its interests in and obligations under each individual contract relating to duties transferred to the COITNTY under this Agreement. The CITY is responsible for obtauring all necessary approvals from the respective contractors. All encumbered by or receivables owed to the CITY for eapenses associat con`Gracts will be transferred to the COUNTY. In the event that a ontrac � � with the cannot be assi ed to the COLTNTY, the CITY will continue to co y with the terms of the its expiration or ternunation. D. Property t� ancing For 1999 and fut re years, the COLTNTY will b responsible for including the taac levy in its budget to pro 'de the services nursua to II. A., above. E. Payment to City The COIJNTY will pay th. to the COLJNTY effective to be paid will be the actual VI. Personnel 1 This Agreement is a certain duties and re employees from the 9r the use of CITY employees providing services 1, 1999, pursuant to this Agreement. The amount of services agree ent. The COiTNTY agrees to accept ies from the CITY a is purchasing the services of CITY until such time as the is able to staffservices with COLTNTY empl ees. Such staffing shall be accomplished`by transferring CITY positions that become acant through attrition to the COLJNTY. Any created d e to service needs shall be COUNTY positions. VII. Crener Conditions positions which may be Term \ The initial term of this Agreement shall be through December 31, agreement will automatically renew for additional ten (10) year te 4 1. This unless written