91-1605 C�RIGdN,A,� �� � ,
. - , / Council File #
1
Green Sheet # ���v
RESOLUTION
CITY SAINT PAUL, MINNESOTA
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Presented By �
Referred T Comanittee: Date
RESOLVED, that the proper city officials are hereby authorized and directed to execute an
agreement with the Department of Corrections, Sta.te of Minnesota - Oak Park Heights Conectional
Facility - for the continuation of the lending library relationslup with the Division of Libraries, City
of Saint Paul, subject to the terms and conditions of said agreement, a copy of which is to be kept
on file and of record in the Department of Finance and Management Services.
Yeas Nays Absent Requested by Department of:
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Adopted by Council: Date SEP 3 1991 Form Ap ed by Cit Attorney
Adoption C rtified by Council ecretary gy: ` �'�/�,
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BY� �� Approved by Mayor for Submission to
Approved by M yor: Da e S�P - 5 1991 �uncil
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By:
P(f����`��� ���' 1 �+'91
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N�i 15 8 3 0
Communit Services - Libraries 08 1 91 GRE�N SHEE'T
INITIAUDATE' INITIAUDATE
CONTACT PERSON&PHONE PARTMENT DIRECTOR CITY COUNCII
Gerald W Steenber 292-6211 A$$IGN CITYATfORNEY �CITYCLERK
MUST BE ON COUNCIL AOENDA BY(DATE) NUMBER FOR DGET DIRECTOR �FIN.8 T.SERVICES DIR.
ROUTINO
ORDER MAYOR(OR ASSISTAN'n � � '
TOTAL#OF SIGNATURE PAGES 6 (CLIP ALL LOCATIONS FOR SIGNATI 1�'�CEI�!VE s `
4a�C
ACTION REQUE3TED: '
AUG 1 5 199�d�`*`'�
Approval of Council Resolution c�.�,►s«� RECEIVED
RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWffR THE FOLLOWING QUESTION8:
_PLANNINO COMMISSION _ CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contract for fhis department7 AUG j� �99�
_CIB COMMITTEE _ YES NO
2. Has th,$pe«�ff��m e�e��e�a���emp�oyee� C I TY ATTO R N EY
_STAFF - YES NO
_ DIS7RICT COURr _ 3. Does this person/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVET YES NO
Explaln all yes answers on ssparete aheet and attach to yreen sheet
INITIATINQ PROBLEM,ISSUE,OPPORTUNITY(Who.Whet,When,Where,Why):
Continuation of the Interlibrary Loan Program provided by the Saint Paul Public Library
for the State of Minnesota, Department of Corrections, Oak Park Heights Correctional
Facility for two fiscal years, effective July 1 , 1991 , to June 30, 1993.
ADVANTAQES IF APPROVED:
No additional costs or personnel for the library system. ,
Benefits (receipts) of $1 .15 per title or subject search and $3.00 per title or search
request filled.
DISADVANTAOES IF APPROVED:
��CE�VED
None
A�� � g �g�l RECEIVED
r,����c�'� ������ AUG 2 7 1991
CITY CLERK
DISADVANTAGES IF NOT APPROVED:
Poorer access to information for inmates and staff at Oak Park H�ights Correc�i,onal Facility
Council Resear�h t�enter
AUG 21 i991
TOTAL AMOUNT OF TRAN8ACTION S � �800 FY 1992 ($900) COST/REVENUE BUDGETED(C�RCLE ONE) ES NO
FUNDING SOURCE State of Mi nnesota ACTIVITY NUMBER 33400
FINANCIAL INFORMATION:(EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO.298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION(Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attorney
3. City Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. Ciry Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Acxountlng
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. Ciry Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Cierk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#�of pages on which signatures are required and paperclip or flag
each of these pages.
ACTION REQUESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your projecUrequest supports by listing
the key woM(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATtON). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the ciry's liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by Iaw/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed(e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When?For how long?
DISADVANTAGES IF NOT APPROVED
What w�l°bre thQ negative�onsequences if the promised action is not
approved?Inabiliry" to deliver service?Continued high traffic, noise,
accident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must�nswer two questions: How much is it
going to cost?Who is going to pay?
. �yr-��
�. STATE OF MINNESOTA
- ' �`, CONTRACT FOR PROFESSIONAL &-TECHAiICAL SERVICES C����
• tnon-state employee) -
Trn.No. F.Y. Account I.D. Dept./Div. Seq. No. Suffix Ob�ect Vendor No. Type
A40 2 Q43455 78b30 10384 03 16b 007 392 000 V
Amount Pur. Terms Asset Na. C.CD. 1 C.CD. 2 C.CD. 3 Cost Code 4 Cost Code 5
. 900.00 FY92
900.OQ—FY93
Date Number Entered By
� � 071191 T3108 L. Marshall
Type of Transaction A40 A41
Date Numb�r Entered By
❑ ❑ a
A44 A45 A46
NOTICE TO CONTRACTOR: You are required by Minn. Stat. Sec. 270.066 (1990) to provide
your social security number or Minnesota tax identification number if you do business
with the State of Minnesota. This information may be used in the enforcement of federal
and state tax laws. Supplying these mmibers could result in action to require you to
file state tax returns and pay delinquent state tax liabilities. This contract wi1Z not
be annroved unless these numbers are vrovided. These numbers will be available ta
federal and state tax authorities and state personnel involved;in the payment of state
obligatians. '
THIS CONTRACT, which shall be interpreted pursuant to the Zaws of the State of Minnesota,
between the State of Minnesota, acting through its Department of Corrections - Minnesota
Correctional Faci3.itv - Oak Park Heiahts (hereinafter STATE) and St. Paul Public Librarv
- Inter Librarv Loan Devartment. 90 West 4th Street. St. Paul. Minnesata 55102, MN Tax
I.D. No. 210000000, Federal Employsr I.D: No. 43.-5005521W, {hereinafter CONTRACTOR),
witnesseth that:
WHEREAS, the STATE, pursuant to Minn. Stat. Sec. 15.Ob1 (1990) is empowered to contract
for professional and technical services needed in connection with the operation of the
department, and
WHEREAS, the Comnisioner of Corrections, pursuant to Minn. Stat. Sec. 241.01 Subd. 3a
(1990? is authorized to provide for the care, custody and rehabilitatian of persons, and
WHEREAS, there is no state employee who has the expertise required to provide this
service, and _
WHEREAS, CONTRACTOR represents that it is duZy qualified and willing to perform the
services �set forth herein,
NOW, THEREFORE, it is agreed:
I. CONTRACTOR'S DIITIES. CONTRACTOR, who is not a state employee, shaZl:
Lend library materials via interlibrary laan procedures to the Minnesota
Correctional Facility Library at Oak Park Heights.
CD-OOU32-0356/41! �
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II. CONSIDERATION AND TERMS OF PAYMENT.
A. Consideration for all services perfarmed and goods or materials supplied by
CONTRACTOR pursuant to this contraat shall be paid by the STATE as fallows:
3. Compensation at the rate of �1.35 �er seareh and �3.00 per filled rernzest.
2. This contract does not include ariy reimbursement for travel and subsistence
expenses incurred by CONTR.ACTQR in the perfoztnance of this contract.
The total obligation of the STA�'E for all compensation and reimbursements to
CONTRACTOR shaZl not exceed One thousand eiaht hundred and no/100 dollars
(�1.800.00).
B. Terms of Pavment
1. Payments shall be made by the STATE promptly after CONTR.ACTOR'S gresentation
of invoices for services performed and acceptance of such services by the
STATE'S authorized agent pursuant to Clause VI. Invoices shall be submitted
in a form prescribed by the STATE and acaarding ta the following schedule:
,
Quarterly invoices
2. (When applicable) Payments are to be made from federal funds obtained by the
STATE through Title N A of the T A. If at any time such funds become
unavailable, this contract shall be terminated immediately upon written
� notice of such fact by the STATE to CONTR.ACTOR. In the event of such
termination, C4NTRACTOR shall be entitled to payment, determined on a pro
rata basis, far services satisfactorily performed.
III. CONDITIONS OF PAYMENT. Al1 services provided by CONTRACTOR pursuant to this contract
shall be performed to the satisfaction of the STATE, as deterntined in the sole
discretion of its authorized agent, and in accord with all applicable federal, state
and local laws, ordinances, rules and regulations. CONTRACTOR shall not receive
payment for work found by the STATE to be unsatisfactory, or perfarn►ed in violation
of federal, state or local law, ordinance, rule or regulation. ,
IV. �F�M OF CONTRACT. This contract shall be effective on Julv 1. 1941 or upon such date
as it is executed as ta encumbrance by the Com�nissioner of Finance, whichever occurs
later, and shaZl remain in effect until June 30. 1993, or until all obligations set
forth in this contract have been satisfactorily fulfilled, whichever occurs first.
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V. CANCELLATION. This contract may be cancelled by the STATE or CONTRACTQR at any
._. ,� time, with or without cause, upon thirty t30) days' written notice to the other
. � party. In the event of such a cancellation CDNTRACTOR shall be entitled to payment,
determined on a pro rata basis, for work or services satisfactorily performed.
VI. STATE'S AUTHORI2ED AGENT. The STATE'S authorized agent for the purposes of
administration of this contract is Eileen Welsh MCF-OPH Education Director . Such
agent shall have final authority for acceptance of CONTRACTOR'S services and if such
services are accepted as satisfactory, shall so certify on each invoice submitted
pursuant to Clause II, paragraph B.
VII. ASSIGNMENT. CONTRACTDR sha12 neither assign nor transfer any rights or obligations
under this contract without the prior written consent of the STATE.
VIII. AMENDMENTS. Any amendments to this contract shall be in writing, and shall be
executed by the the same parties who executed the original contract, or their
successors in office.
IX. LIABILITY. CONTRACTOR agrees to indemnify and save and hold harmless the STATE, its
agents and employees from any and all claims or causes of action arising from the
performance of this contract by CONTRACTOR or CONTRACTOR'S agents or employees.
This clause shall not be construed to bar any legal remedies CONTRACTOR may have for
the STATE'S failure to fulfill its obligations pursuant to this contract.
X. STATE AUDITS. The books, records, documents and accounting procedures and practices
of the CONTRACTOR relevant to this contract shall be subject to examination by the
state and/or legislative auditor.
XI. OWNERSHIP OF DOCUMENTS. Any reports, studies, photographs, negatives, or other
documents prepared by CONTRACTOR in the performance of its obligations under this
contract shall be the exclusive property of the STATE and a21 such materials shall
be remitted to the STATE by CONTRACTOR upon completion, termination or cancellation
of this contract. CONTRACTOR shall not use, willingly allow or cause to have such
materials used for any purpose other than performance of CONTRACTOR'S obligations
under this contract without the prior written consent of the STATE.
XII. AFFIRMATIVE ACTIDN. tWhen applicable) CONTRACTOR certifies that is has received a
certificate of compliance from the Commissioner of Human Rights pursuant to Minn.
Stat. Sec. 363.073 (1990) or is exempt from that provision. .
XIII. WORKER'S COMPENSATION. (When applicable) In accordance with the provisions of
Minn. Stat. Sec. 176.182 (1990) , the STATE affirms that CONTRACTOR has provided
acceptable evidence of compliance with the workers' compensation insurance coverage
requirement of Minn. Stat. Sec. 17b.181, subd. 2 i1990) .
XIV. ANTITRUST. CDNTRACTOR hereby assigns to the State of Minnesota any and all claims
for overcharges as to goods and/or services provided in connection with this
contract resulting from antitrust violations which arise under the antitrust laws of
� the United States and the antitrust laws of the State of Minnesota.
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XV. DATA PRIVACY. For the purposes of executing its responsibilities and to the extent
, � ,� set forth in this contract, the CONTRACTOR shall be considered part of the
� corrections system as defined in Minn. Stat. Sec. 13.85 (1990) . The CONTRACTOR'S
employees and agents shall have access to private or confidential data maintained by
the STATE to the extent necessary to carry out its responsibilities under this
contract. The CONTRACTOR agrees to comply with all the requirements of the
Minnesota Government Data Practices Act in providing services under this contract.
The STATE is the responsible authority in charge of all data collected, used, or
disseminated by the CONTRACTOR in connection with the performance of this contract.
Any data supplied to the STATE by the CONTRACTOR will be administered pursuant to
the Government Data Practices Act regardless of any internal classifications
assigned the data by the CONTRACTOR. CONTRACTOR accepts responsibility for
providing adequate supervision and training of its agents and employees to ensure
compliance with the Act. No private or confidential data collected, maintained, or
used in the course or performance of this contract shall be disseminated except as
authorized by statute either during the period of this contract or thereafter.
The COIVTRACTOR agrees to indemnify and save and hold harmless the STATE, its age�tts
and employees, from all claims arising out of, resulting from, or in any manner
attributable to any vialation of any provision of the Minnesota Government Data
Practices Act, including legal fees and disbursements paid or incurred to enforce
� the provision of this contract.
XVI. NONDISCRIMINATION. The CONTRACTOR shall not discriminate against any client,
employee or applicant for employment on the basis of race, color, creed, religion,
national origin, disability, sex or status with regard to public assistance. The
CONTRACTOR agrees to take affirmative action to employ, advance in employment,
provide services for, and otherwise treat all protected group individuals without
discrimination based upon their protected group status in all employment and client
selection practices including but not limited to the following: initial employment;
upgrading, demotion or transfer; recruitment or advertising; layoff or termination;
rates of pay or other forms of compensation; selection for training, including
apprenticeship; and selection for particular positions.
The CONTRACTOR agrees .to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
CONTRACTOR assures that it also will comply and all its subcontractors will comply
with the non-discrimination requirements of Title VI of the Civil Rights Act of
1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the
Education Amendments of the 1972; the Age Discrimination Regulation 28 CFR Part 42,
Subparts, C, D, E and G: and Executive Order 11246, as amended by Executive Order
11375, and their implementing regulations, 41 CFR Part 60.1 et. seq. , as applicable.
The CONTRACTOR assures that in the event a federal or state court or administrative
agency makes a finding of discrimination after a due process hearing on the grounds
of race, color, religion, national origin or sex against the CONTRACTOR or its
subcontractors, the CONTRACTOR will forward a copy of the finding to the STATE.
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�. , The CONTRACTOR agrees to post in conspicuous places, available to employees,
. ' . f , applicants for employment and clients, notices which state the CONTRACTOR's
' obligation under the law to take affirmative action to employ, advance in employment
qualified employees and applicants for employment, and to provide services to
eligible applicants and the rights of applicants, employees and clients.
XVII. OTHER PROVISIONS.
STATE agrees to pay an increase in the amount per search and per filled request if
and when CONTRACTOR documents that MELSA tMetropolitan Library Service Agency)
reimbursement rate has increased during contract period. CDNTRACTOR must provide 30
day written notice to STATE AUTHORIZED AGENT before implementing new fee schedule.
The compensation involved is for reimbursing the expenses incurred by the libraries
in searching and locating materials requested.
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to
be bound thereby.
APPROVED:
As to form and execution by the
i. CONTRACTOR: 3. ATTORNEY GENERAL:
{If a corporation, tMO corporate officers �ust execute.l
BY BY
Title Oate �
Date
4. COMMISSIONER OF ADMINISTRATION:
By By {authorized signature)
Title Date
Date
2. STATE AGENCY OR DEPARTMENT: 5. •COMMISSIONER OF FINANCE:
_ �
By {authorized 5ignaturel By {Encuvbrance Center authorited signaturel
Title Date
Date
�istribution:
Finance Departoent Agen�y Accounting Unit
Contractor Ad�ini5tration Depart,ent
. �y���o�
, � .
CONTRACTOR SIGNATURES:
CITY OF SAINT PAUL CITY OF SAINT PAUL
Approved as to Form: DIVISION OF LIBRARIES
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By ' B
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Date g�l G � // Date 6 q
�DEPAR F COMMUNITY SERVICES
_ By �
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Date 5
DEPARTMENT OF FINANCE & MANAGEMENT
' SERVICES
By
Date