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HomeMy WebLinkAbout10D - Fire Equipment Joint Powe CITY COUNCIL AGENDA REPORT October 20, 2003 ~ 10D Frank Boyles, City Manag~ AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITY OF ST, PAUL TO FACILITATE THE AWARD OF BID FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS (SCBA), DISCUSSION: History: At the September 15,2003 meeting, the City Council approved receipt of a FEMA grant under the Assistance to Firefighters 2003 federal grant program. The award is for $95,703 with a required City match of $10,633. The purpose of the grant was to replace 22 self-contained breathing apparatus (SCBAs), and purchase 33 facemasks and a thermal imaging camera. None of the City's existing SCBA units comply with current NFPA standards. ISSUES: ALTERNATIVES: RECOMMENDED MOTION: Current Circumstances: The City of St. Paul, through its purchasing department, prepared plans and specifications for new SCBAs. Under the terms of the specifications, other cities were authorized to purchase equipment at the awarded bid prices provided that a joint powers agreement is executed between the City purchasing the SCBAs and the City of St. Paul. Conclusion: This agenda item recommends execution of such a joint powers agreement. The fact that the St. Paul purchasing department prepared the plans and specifications for the SCBAs saved time and money for Prior Lake. Using the St. Paul bid process allows Prior Lake to make the purchase in accordance with State Statute since the purchase price exceeds $50,000. A Fire Department subcommittee has evaluated the SCBAs bid by Metro Fire, the lowest responsible bidder. It is their opinion that the SCBAs meet the needs of the Prior Lake Fire Service. A joint powers agreement has been prepared by the City Attorney's office for City Council consideration. (1) Motion and Second to adopt Resolution 03-X authorizing execution of a joint power agreement for the purchase of SCBAs. (2) Take no action and provide direction to the staff. Alternative (1). 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 1:\COUNCILIAGNRPTS\2003\SCBAS.DOC AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 03-XX A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT WITH THE CITY OF ST, PAUL, MINNESOTA FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS, Motion By: Second By: WHEREAS, the City of Prior lake has deemed it appropriate to acquire new self=contained breathing apparatus (SCBA) to replace those currently used by the Fire department; and WHEREAS, the Fire Department has applied for and received a grant from FEMA for this acquisition; and WHEREAS, the City of St. Paul through its purchasing department has prepared plans and specifications, and received bids pursuant to public notice and all other requirements of the Uniform Municipal Contracting law; and WHEREAS, the bids specifications allow the City of Prior Lake to purchase from this contract subject to execution of a Joint Powers Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are hereby authorized to execute a Joint Powers Agreement between the City of Prior lake and the City of St. Paul for the acquisition of self-contained breathing apparatus (SCBA). 3. Funds for this acquisition shall be drawn from the FEMA grant and the Revolving Equipment Fund pursuant to City Council Resolution 03-157. PASSED AND ADOPTED THIS 20th DAY OF OCTOBER, 2003. Hauaen Haugen Blamberg Blamberg LeMalr LeMair Petersen Petersen Zieska Zieska YES NO City Manager, City of Prior Lake 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER IOINT I)OWF'~S 6r.:~F'F'MFNT RF'TVVF'F'N THF r:ITv nF' pplO~ I AK~ ANn TI-I~ rolTV 0'" ~T PAIII ",n~ TI-I~ Aroqlll~ITlnN 0'" SEI F' r:OtJT6INED El~F'6THltJl3 6pp6~6TIIS I. RECITALS WHEREAS, Minnesota Statute Section 471.59 authorizes "governmental units' by agreement entered into by their governing bodies to, jointly and cooperatively, enter into agreements for the purpose of exercising any power common to both of the contracting parties; and WHEREAS, the City of Prior Lake, Scott County, Minnesota (Prior Lake) and the City of St. Paul, Ramsey County, Minnesota (St. Paul) are both governmental units under 471.59; and WHEREAS, Prior Lake and St. Paul each have the power to purchase goods, supplies and services as provided for under the Minnesota Uniform Municipal Contracting Act, Minnesota Statute 471.345; and WHEREAS, Prior Lake and St. Paul desire to enter into a Joint Powers Agreement for the purchase of Self-Contained Breathing Apparatus ("SCBA') for use by the Cities'" respective Fire Departments; and WHEREAS, cooperative purchasing allows cities to aggregate the number of SCBA units needed and therefore, when bid, get a more competitive unit bid price. NOW THEREFORE BE IT AGREED between the parties that: 1. The Recitals set forth above are incorporated herein. 2. Prior Lake and St. Paul, through the actions of their governing bodies, enter into this Joint Powers Agreement for the cooperative purchase of SCBA. 3. The Contract Analysis and Service Office of St. Paul and Ramsey County has the authority to establish contracts and that individuals from other governmental units may purchase under the authority of a contract bid and let by the Contract and Service Analysis if a Joint Powers Agreement ("JPA') exists with the City of St. Paul. 4. The City of St. Paul has entered into a contract for the purchase of SCBA units. 5. Prior Lake may purchase SCBAs pursuant to the contract let by The Contract Analysis and Service Office. Prior Lake must use its own purchase orders to purchase the SCBA units. 6. Neither the City of St. Paul nor Ramsey County is responsible for any JPA transactions made by Prior Lake. , IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. ON: 199688 City of St. Paul By: , Mayor By: , City Manager THIS INSTRUMENT WAS DRAFTED BY: Halleland, Lewis, Nilan, Sipkins & Johnson Pillsbury Center South, Suite 600 220 South Sixth Street Minneapolis, MN 55402-4501 ON: 199688 City of Prior Lake By: Jack Haugen, Mayor By: Frank Boyles, City Manager 2 STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2003, by and , the Mayor and City Manager, respectively, of the City of St. Paul, on behalf of the City and pursuant to the authority granted by the City. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2003, by Jack Haugen and Frank Boyles, respectively the Mayor and City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public ON: 199688 3 I ':; $ :( al ~f7l - - ~~'E ~ ~ l!1 (ii-e ~~~ _ G> = 000 ;.E 1>> -,!; ... 22lU- o~'S - lD III :> " 0.. t!~ ~.!!!l!) ::I C ::I 0 :!2 ~ ~ .5! '" e '2 'iij ~ I- JUL-30-2003 15:28 ' 51 Pf4UL LJ I Y r'Ul<L.H"b I NU C.,J.I,..c:.I"K"M..I,J.l..J , "- , ,. . - I ~"'\ ~ U; ~ ~ ~ ~ 0 .... ,.,0 I~ ~ '" ~ ~~ , ~ ~ ,.....~ 0 t:. '" oi ~ ... ~ 0 CD (') ~~ N oi 00 ... ;; '" - 00 ~ .... :;l 0; ~ ~ ..., ." <h ~ ~ \ 0 .... .... 0> .... 0 '" '" I~tr .. 0 ;) on ~ ~ ~ M ..: ~ ..: 0000 ~gt -gi ~ N II> II> ... ...~ ... ... .. .... ", .. 'l).... ~ Cl ~ -.... .. . 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N c ~ ... - ~ '" ...~ ,., - '" l- ~ .... " .. .... 0: J.~I~ N M .... '" '" .... GO ~ o~ ..... .., ... '" tD .... 0 ~ .... -- ~ ~ ~ .... ~ 0 , , ! ! I TOT I OCT-ra7-2rara3 14;13 ST PAUL C i T'i PURCHAS WG -~----_.- 65126689102 p.ra2/12 "" "0 3 D ~ o '" , .... e .0 !! "0 iii ui :g .c o c: ~ :t:: E .0 :J ... ~ .. E " ~ ... .J: 2:- .J!! '" (J) m e o :::> .. E .OJ .!i '0 c: .. - 0:; ~ .Q. ::> III !!! ;:;: '" ... (; U. 'C c: l!! C) AL P,I02 OCT-07-2003 14:13 U COUNTY OF RAMSEY . L:J CITY OF SAINT PAUL ST PAUL CITY PURCHAS WG SAINT PAUL - RAMSEY COUNTY DIVISION OF CONTRACT & ANALYSIS SERVICES 280 CITY HALL. COURT HOUSE SAINT PAUL, MINNESOTA 55102 651-266-8900 6512668902 P.03/12 D REQUEST FOR BID REQUEST FOR PROPOSAL euYEFl. DIANNE DA VISoJONES BUYER'S PHONE NO REQUI$rTK')N NO, (651) 266-11917 23617 ."'. OF 'AGES I NO. > A23617 -9 THIS IS A REQUEST FOR PRICE. NOT AN ORDER. PLEASE RESPOND TO EACH ITEM SEPARATELY. THIS FORM MUST BE COMPLETEO IN INK OR TYPEWRITTEN RESPONSES RECEIVED AFTER THIS TIME Wll.L NOT eE CONSIOEREO f:'OB OESTINATI0NI211:1 CODe. OPENING DATE AND TIME: > WEONESDAY, JULY 30.2003 2:00 PM SAINT PAUL, MN WARNING AND DISCLAIMER: If you have received this document electronically, please note that electronic document copies are provided 3$ a convenience. In the event of a discrepancy between electronic documentt and the hard eopy mailed andlor distributed tohcitation documents. including addenda and attachments. the ha~d copy solicitation documents sh::lll govern. The City of Saint Paul and Ramsey County assume no liability for the complet~ness or accuracy of the electronic documents. and any use of such documents inconsistent with this disdaimer shall be sofely at the risk of the user. This is a request for price, not an order. Your response is your offer to perform or supply the items or service described below. Awards will be made to the lowest responsible bidder or the most re~po.,sj"e proposal in accordance with the specifications. applicable bonds and certificate of insurarlce. and other terms and conditions described in the specification must be submitted before you will be authorized to commence work or delivery of products. This response, the contract or purchase order, plus the plans and the speCifications will constitute the contract between the parties. (See page 2, for additional I terms and conditions,) DESCRIPTION Electronic copies of bids, quotes, RFP's and other solicitations are available only to subscribers to Contract and Analysis Services Bid Information System (BIS). You can subscribe online at our website at htto:/lsorccontracts.ci.stoaul.mn. us The City of Saint Paul/Ramsey County Contract and Analysis Division is receiving sealed bids for the furnishing and delivery of Self Contained Breathing Apparatus to the Saint Paul Fire Department per specifications contained in this Request for Bid. Term of Contract: This c"n ... ce on or about Auoust 15. 2003 and will continue for a two (2) vear oeriod. Other Citv or/and Ramsey County agencies may use this contract, but on an as needed basis. An initial order of SCElA's will be placed on awara OT m" . l:Sasea on avallaOle IUnamg me pricing sheet is an indicator of the initial order. Also, The Ramsey County Sheriffs Office may place an order for an additional eight (8) units. Any future orders will be placed by the departmenVs on an as needed basis. Award: The City will base their award on but not limited to cost and ability to meet specifications. The City reserves the right to add or delete from the initial order based on available funding. The City reserves the right to cancel this bid or reject bids received or portions thereof. Bid Bond: A 50-day bid bond in the amount of 5% of the total amount of the contract, including options, must accompany bids/proposals of $50.000 or more. Performance and Payment Bondsllnsurance: The successful vendor will be required to furnish Performance and Payment Bonds and insurance before the award of the contract (See General Terms and Conditions). PL.WE: PRINT IlN lNKl OR TYPE TWe FOI..LOWINC CASH DISCOUNT COMPANY '4 ao OA.YS N.4.A.4E ANO TITL.E. 30 O:.y eas" discOlJl"ll Will De 084ucled Ie. 4et8(mitle 1M low offer. Discount term:> of les:: thaT'l 30 (8)1l Will /\01 sl'led: the ::IW~, AOOf\ESS PHONE NO , I e.1 NUMBER CITY STATE ZIP iAX N~ Tl'le E.!. Number is INn MU/Tltl8rW'Uc:n 18 SICNATURE BOO NO 3signed!Q eompani8t Jot \,I" ir'l filing !hoir lOOIlI "Empto~l"~ QUMI<<!Y I=odorgl TIX' Retf.lM.' Tre.:lsury Cepartl'l'l9tlt Form 941 Of SI'I 'Tha ::ian9r flas road slid \,jn~r~l.1Jnd!: 11'\0 lorms OIM conditions Of! Page 2 ~ tl'\j= doaJrncl"ll:;ind win comply wilh 811 retlliiremen!::: ~ 'on" Oy Il'lo ell)' of Saini fldlVi4u8re SceiAI Sec.lfirynL.lmber. Paul anClli'1e CC'\Jnlv 0{ R~ms;W- OCT-07-2003 14:14 ST PAUL C I TI PURCHAS I NG 6512668902 P.04/12 ...-.oo"... -_.....~-."......J ......-..wJ -~_.......... ... -"Ul'" -0'""- Terms and Conditions Prep:aratl6n [n5truetioR5: Respon~es must be submiued on lhi.'; form along with an)' other infonnalion requested in specification. Quote lowest prices F,Q,B. destination. no shipping charges added. Show unit prices extended to totals. Do not include Federal excise tax~s in your response. Responses must be signed and submitted in a sealed envelope. The envelope should list the bid or proposal number, date of opening and be submined to the Divi~ion of Contra.ct and An:1ly~is Services, prior to date and hour shown On ftlce of this document Any communications on a bid or proposal should reference the bid or proposal number. Bid Bond: A 60-day bid bond in the amount of S% ofthc total amount of the contract. including options, must accompany bids/proposals of$50.000 or more. Affirmative Adion/Equsl OppOl1unily Requirements: All vendors submining bids or proposals 10 Ramsey County must commit to nondiscrimination in vendor's employment practices and furnish statement of commitment upon request. All vendors submitting bids or proposals to the City of Saint Paul must comply with the CitY! Affirmative Action Requirements in Employment, pursuant to Section 183.04 of the Saint Paul legislative Code and the Rules Governing Affirmative Requirements in Employment. On contracts of $50,000 or mOre, the apparent low bidder mu,t ,obmit for approval: I) Aflionativo Action Program, and 2) General Compliancc Reports, including ,hort term and long Icon goals for the employment of minorities and females in the contractor's work force, bdore an award is made and an agreem.ent signed. Spe~al Requirements When Labor is Included inBid; 1) A certificd affidavit stating that all claims for all work, labor pcrfonnedl and materials furnished have been fully paid will be required before final payment. 2) An affidavit of payment of withholding of income taxes is requirtd in accordance with Minnesota Statutes, 1986, Ch.pter 290. Forms for this potpose are avajioble at the Sto~ Department of Taxation, Income Tax Division, and must be oomplc~tcd by all contractors and subcontractors before final payment is made, A ccnificate by the Commissioner of'raxation shaH satisfy this requirement Section 290.97 also reads, "No department of me State of Minncso[a, nor any political or government subdiviSion of the state shall make final settlement with any contractor under a contract requiring the employment of employees for wages by said contractor and by subcontractors until satisfactory showing is made that said contractor or subcontractor has complied with the provisions of Section 290.92." 3) Ramsey County: "All contractors and ~ubcontrac;tor!l: ShZll1 conform to the labor laws of the State of MinnesoIa, and all other laws, ordinances, tmd l~gul requin:mc:nts affecting the: work in Ramsc:y County and State of Minnesota. The minimum wage rate per hour to be paid for each classification ofwor" shall be: unit wage rate in the locality of the project for those classifications over which thc unions havc jurisdiction and the local prevailing rates for the classifications of work in localities over which th~ unions do not have jurisdiction..r 4) City of Saint PauJ Administrative Code 82.07: "All contractS in the amount of S 1 0.000 or more hcrejnafter colerta into for the purpose of performing any work for the Cily of Saint Paul involving either new constroction work or ropair work on any roads, bridge:;, sewers, slrccts, allcys, parks. parkways. building or any other public works involving the improvement of public propcny, including the removal of public nuisances, shall be made upon the basis that the wages paid to the occupational groups utilized in such works shall not be less than th~ wages and fringes paid to comparable positions in [he cJa.'\sitied Civil Service systems. Insurance Requirements; Satisfactory proof 9f the existence and carriuge of insurance of the kinds and stated limits in the specification will be required. Vendors are requested to discuss this condition with their insurance age-nt before submitting a bid or proposal. ^ Completed. Cenificate of Insurance must be returned to the Division of Contract and Analysis, 280 City Hall/Court House, Saint Paul, MN 55102 within 10 working days of thc receipt of the Vendor Notification Lener. Pe-r!ormancelPayment Bonds: Separate performance and payment bonds, e2.ch to cover the total value of this contract, may be requiroo if the: contract includes labor and exceeds SIO,OOO. The speCification or RFP will outline wh.at ili specifically required for this project. If your offer is accepted, you will be senl bond information for this eon_t Only the language in our bond forms is acccptable. The completed bonds, with both contractor and surety signatures, countersigned and notarized and the names and addresses of contractor and surety, must be returned to the Divlsjon of Contract and Analysis Servius. 280 City Hall/Coun House, Saint Paul 55102 within 10 working days of receipt ofthe Vendor Notification Lener. Finantiallnttrtst Affidavit: 1) Signature on this form indicates compliance with the following: Minnesota Statute Section 383A.201 ....No Ramsey COURt)' official OT the officiars deputy, clerk, or employee and no commissioner for taxwforfeited lands or the commissioner's assistants m<:1)' have a personal financial interest (1) in a contract, work, tabor, or busine$s to which the County is <a part)' or in which it is or may be: interested, 2) or in the furnishing an article to, or thc purchase or sale of any real or personal property by the eounly, or of which the consideration, price, or expense is payable from lhe county treasury. A violation of this section is a gross misdemeanor; 3) Saint Paul Administrativt Code, Chapter 24.03, Subdivision I~-Except as pemliued by law, no eit)' official or employee shan be a party to or have a direct financial interest in any sale, lease. or contract wilh the City. Award Requirements: Responses must remain open and subject to acceptance until an award is finalized, or a minimum of60 days following the date Of the opening. Awards will be made to the lowest responsible bidder or the most responsive propogal in accordance with the s~c,i1it;:lti()ns. The City and Ramsey County reserve the right to reject any or all offers or portions there{)f Re:$ponse Requirements: Failure to respond with required documentation within 10 working days may result in the award gOing to the next lowest reliponsiblc bidder/proposer meeting specifications. Tax Requirements: Minnesota Statutes, 1990, Section 2.97A.25, amended 19992, require local governments to pay sales lax on many purch.,es, up to a ma.ximum of6.5%, Materials used in construction prDjeets arc also taxable, and the total bid price shall include all applicable sale$ tax. Audit Requirements: Pursuant to Chapter 6.551 of the Minnesota Statutes, the successful bidder or proposer agrees to maintain all bookg. documents. papers, account records, and other evidences (whether in \vriting or electronic fonn) pertaining to work pc:rfonnc::d und~r a Saint Paul or Ramsey County Agreement in such a manner as will readily confonn to the tenns of the Agreement and to make such matcrial available at its officc at a!1 reasonable times during the Agreement and thereafter up to six (6) years for audit ur inspection by lhe Cit)', County, the Legislative Auditor or State Aoditor. OCT-07-2003 14: 15 ST PAUL CITY PURCHASING 6512668902 P.0.5/12 . .._n'::::. ........'111.....1"".. ""'1'11;11;;1. . Approved Manufacturer: MSA MMR Xtreme, 4500 psig Air Masks Company Bidding: Project: Saint Paul Fire Department - SCBA Purchase Total Cost of Project: $ (Do NOT include option 1 amount) Item No. QTY. Descriotion Unit Cost Extended Cost 1 140 H-CM-41190000030. No purge valve on regulator. Quick connect hook attached to shoulder harness $ lea $ 2 10 H-CM-41180300030 No purge valve on regulator. Quick connect hook attached to shoulder harness $ lea $ 3 12 H-CM-41480300030 No purge valve on regulator. Quick connect hook attached to shoulder harness $ lea $ 4 84 30 minute 4500 psi bottles labeled "SPFD" or as designated by ordering department $ lea $ 5 12 60 minute high pressure botties labeled "SPFO" or as designated by ordering department. $ lea $ 6. 450 Facepieces: Labeled for users. Equipped with Dring to attach to shoulder harness quick connect hook, $ lea $ 7 46 Clear Command Amp $ lea $ 8 12 Clear Command RI (HazMat Communications) $ lea $ 9 32 RIC hoses, 4 feet long, with carrying pouches $ lea $ 10 150 SCBA replacement apparatus mounting brackets $ lea $ 11 1 Pos/check 3--Flowmeter, Hdwr, Sftwr, Laptop $ lea $ 12 1 FITTESTER 3000, Software, Case, Printer $ lea $ 13 8 RlT Packs with 60 minute cylinders, 4 foot rescue hoses and carrying case. $ lea $ 14 4 PremAir Respirator with 10 minute cylinder (CSE) $ lea $ 15 12 10 minute escape cylinders for PremAir $ lea $ 16 450 Storage bags (red or black) $ lea $ 17 All applicable tools, adhesives, and lubricants for authorized maintenance $ lea $ Option 1: Trade-In allowance for Owners current SCBA's 30 minute units ($ lea) $ 60 minute units ($ lea) $ OCT-07-2003 14:15 ST PAUL C lTY PURCHAS I tiG 6512668902 P.06/12 -....-.....-. ............. ......'-- _""II"'I.'VI'~ 1 Project Description 1.1 It is the intent of the Saint Paul Fire Department to replace the existing SCBA equipment. The successful vendor will be required to furnish all services, materials and any incidentals necessary to provide and deliver fUlly equipped SCBA units per the specifications found in this Request for Bid. 2 Bidding Process 2.1 Bidders requiring specification clarification or interpretation shall make a written request to Dianne Davis-Jones, Division of Contract and Analysis Services, no later than 4:30 p.rn., local time, July 21, 2003. Requests may be faxed 3 Delivery 3.1 Equipment will be delivered to the SPFD Training Site located at 1683 Energy Park Drive, Saint Paul, MN 55108. 3.2 All equipment to be delivered at one time. Back orders will not be accepted. 3.3 Vendor to provide personnel working in conjunction SPFD staff to assure correct delivery inventory and verify the condition of units received 4 Maintenance Training 4.1 The vendor will provide training and certification to selected service technicians in the maintenance and repair of equipment at no additional cost to the City. 4.2 The vendor will be responsible for servicing all new equipment prior to the completion of training and certification of SPFD service Fire personnel at no additional cost to the City. 5 Transition Phase 5.1 The vendor will be available as a resource and providing assistance for the following tasks: individual fit testing of face pieces for all fire personnel providing personnel and assistance in the trading out the low pressure units to the high pressure on all fire apparatus. 5.2 The vendor will provide training in the operation and care of units to Fire personnel. 5.2.1. Training must be completed before the units are installed on the fire apparatus. 5.2.2 The vendor will work with the Saint Paul Fire Training Division in scheduling the training dates and locations. 6 Parts/Battery Replacement 6.1 The vendor will provide at no additional charge replacement parts and batteries on an as needed basis for a period of two (2) years from the date that the units are placed in service. 6 Disposal of Current SCBA's 7.1 It is the vendor's responsibility to pick up and dispose of the Owners existing SCBA units. -~ OCT-07-2003 14: 16 ST PAUL CITY PURCHASING 6512668902 P.07/12 ..................... ....... IU':' A.~U ,-,UUU1UUJ1;S 1. Commencement of Work. Contractor shall not perform any work pursuant to this contract without the specific prior . agreement of the designated representative of the City of Saint Paul. No claim for services or products provided by the Contractor not specifically provided for in this contract, or not specifically agreed to in advance will be honored by Saint Paul. 2. Billings and Payment. Contractor shall submit invoices in triplicate to the City department making the purchase clearly itemizing all goods and/or services provided. The City of Saint Paul will make payment in accordance with Chapter 471.425. Such payment may be made using a pay voucher, purchase order, or authorized procurement card, or department shall notify Contractor of any problems, omissions, or defects in the goods and/or services received. 3, Records, Dissemination of Information, Until the expiration of six (6) years after thc furnishing of goods, supplies or services pursuant to this contract, upon written request, the Contractor shall make available the books, documents, records, and accounting procedures at its offices at all reasonable times for inspection or audit by the City, the State Auditor, or other duly authorized representative. Contractor agrees to abide strictly by the statutes, rules and regulations of the Minnesota Government Data Practices Act, Statute Ch. 13, as well as any other applicable state or federal statutes, rules or regulations. 4, Human Rights/Affirmative Action. A) Contractors must comply with the City of Saint Paul's Human Rights Department's Affirmative Action Requirements in Employment pursuant to Section 183.04 of the Saint Paul Legislative Code, the Rules Governing Affirmative Requirements in Employment, and Chapter A-17 of the Saint Paul Administrative Code governing racial harassment. The Contractor agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, creed, religion, color, sex, sexual or affcctional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the samc. S. Compliance With Applicable Law, The Contractor 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 Contractor's performance of the provisions ofthis Contract. It shall be the obligation of the Contractor to apply for, pay for and obtain all permits and/or licenses rcquired. 6, Conflict oflnterest. Vendor's acceptance of this agreement indicates compliance with Chapter 24.03, City of Saint Paul Administrative Code: "Except as permitted by law, no city official or employee shall be a party to Or have a direct financial interest in any sale, lease, or contract with the City. The contractor also affirms, that to the best of the Contractor's knowledge, their involvement in this contract does not result in a conflict of interest with any part or entity which may be affected by the terms of this contract. The Contractor agrees that should any conflict or potential conflict of interest become known to the contractor, they will immediately notify the Purchasing Systems Manager of the situation so that a determination can be made about Contractor's ability to continue performing services under this contract. 7. Hold Harmless. The Contractor shall indemnify, save and hold harmless, protect and defend the City of Saint Paul, its officers, agents, and employees from all claims, actions, or suits of any character brought for or on account of any claimed or alleged injuries or damages received by any person or property, resulting from any act or omission by the contractor or any person employed by Contractor in carrying out the terms of this Contract, 8. Assignment. The City and Contractor each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Contract; and neither the City nor the Contractor will assign or transfer their interest in this Contract without the written consent of the other. 9. Termination, This Agreement will continue in full force and effect until completion of the project as described herein unless either party terminates it at an earlier date. Either party to this Agreement may terminate it by giving no less than thirty- (30) days written notice of the intent to terminate to the other party. A) With Cause. The City reserves the right to terminate this Agreement if the Contractor violates any of the terms or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the City. In the event that the City exercises its right to withhold payment or terminate under this Section, it shall submit written notice to the Contractor, specifying the extent of such withholding or termination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Contractor shall take all actions necessary to discontinue further commitments of funds to the extent that they relate to the terminated portions of this Agreement. -"---.... OCT -07-2003 14: 16 ST PAUL CITY PURCHAS It-IG 6512668902 P. 08~12 . -- ..u..___.~,., ~.~ ~") ..,.. I'~) ,",UUU"C'vl Ivl' all services ana/or products, actually, lImely, and faIthfully rendered up to the receipt of the notice oftermination and thercafter until the date oftermination. The Contractor will deliver all work products and supporting documentation developed up to the time of termination prior to the City rendering final payment for service. 10. Renewal. This contract may be renewed for additional periods as detailed in the specification, if agreeable to both parties and all terms and conditions including pricing arc at least equal to original terms of contract. 11, Amendments or Changes. Any alteration, variation, modification or waiver of the provisions of the specifications that may have occurred during the bidding process or amendments to this Contract shall be valid only when reduced to writing and duly signed by the Contractor and the Purchasing SystemS Manager or designee. 12. Interpretation of Agreement, Venue. This Contract shall be interpreted and construed according to the laws ofthc State of Minnesota. All litigation regarding this agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. (' 13, Other Governments. The Contract and Analysis Services Office has the authority to establish contracts for the City of Saint Paul and Ramsey County, and this Contract may be used by staff from either government. Individuals frOm other governmental units ma urchase under the authority of this Contract only iCthe other "overnment has executed a Joint Powers A reement with the Ci 0 Saint Paul. Where om! Powers Agreements are in place, other "overnment e urchases b ed on this agreement, using their own purchase orders. elt er e I 0 amt Paul nor Ramsey County is responsible for any such Joint Powers transactions. 14, Independent Contractor, It is agreed by the parties, that at all times and for all purposes, within the scope of the Agreement resulting from this solicitation, the relationship of the Contractor to the City is that of independent contractor and not that of employee. No statement contained in the specification or resulting Agreement shall be construed so as to find the Contractor an ~"lllployee of the City, and Contractor shall be entitled to none of the rights, privileges, or benefits of Saint Paul employees. 15, Non-Conforming Services, The acceptance by the City of any non-conforming services under the terms of the Agreement or the foregoing by the city of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the City's right to conforming services or any rights andlor remedies with respect to any subsequent breach or default of the terms of the contract. The rights and remedies of the City provided Or referred to under the terms of the contract are cumulative and not mutually exclusive. 16. Setoff. Notwithstanding any provision of this Agreement to the contrary, the Contractor shall not be relieved of liability to the city for damages sustained by the City by virtue of any breach of the contract by the Contractor. The City may withhold payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor is determined. 17. Entire Agreement. The specifications and other solicitation materials associated with this Contract and these General Terms and Conditions shall constitute the entire Agreement between the parties and shall supersede all prior oral or written negotiations. 18, Subcontractor Payment, Prime contractors are required to pay any subcontractor within ten days ofthe prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor, The prime contractor will be required to pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$lOO or more is $10.00. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. Ref' Minnesota Statues 1995, amending See/ion 471.425, effeCTive 8-1-95. 19. Labor Requirements, A) When contract is completed, Form ICI34 mUst be obtained from Minnesota Department of Revenue, signed and attached to Contractor's invoice before final payment can be issued. B) All Contractors and subcontractor shall conform to the labor laws of the Stale of Minnesota and all other laws, ~- ~_._,-- -_._-_."-----~.._--------------- OCT-07-2003 14:17 5T PAUL C ITY PURCHA5 I NG 6512668902 P.09/12 C. All contracts in the amount of$l 0,000 or more hereinafter entered into for the purpose of performing any work for the City of Saint Paul involving either new construction work or repair work on any roads, bridges, sewers, streets, alleys, parks, parkways, building or any other public works involving the improwment of public property, including the removal of public nuisances, shall be made upon the basis that the wages paid to the occupational groups utilized in such works shall not be Jess than the wages and fringes paid to comparable positions in the classified Civil Service Systems. 20. Insurance. A. Contractor shall be required to carry insurance of the kind and in the amounts shown below for the life of the contract. Insurance certificates should state that the City of Saint Paul, its officials, employees, agents and representatives are named as Additional Insureds. 1. Public Liability Insurance a) Bodily Injury $ 1,000,000 $ 2,000,000 each occurrence aggregate b) Property Damage $ 1,000,000 each accident $ 2,000,000 aggregate c) Policy must include an "all services, products, or completed operations~ endorsement. 2. Automobile Insurance a) Bodily Injury $ 750,000 $ 1,000,000 per person per accident b) Property damage not less than $50,000 per accident 3. Workers Compensation and Emplover's Liability a) Worker's Compensation per Minnesota Statute b) Employer's Liability shall have minimum limits of $500,000 per accident; $500,000 per employee; $500,000 per disease policy limit. c) Contractors (Providers) with 10 or fewer employees who do not have Worker's Compensation coverage are required to provide the City with a letter verifying their number of employees, 4. General Insurance ReQuirements a) The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or occurrence basis. All certificates of insurance shall provide that the City's Division of Contract and Analysis Services be given not less than thirty (30) days prior written notice of cancellation, non-renewal or any material changes in the policy, including, but not limited to, coverage amounts. Agent must state on the certificate if policy includes errors and omissions coverage. b) The Contractor shall not commence work until a Certificate of Insurance covering all of the insurance required for this project is approved and the project manager has issued a notice to proceed. Insurance must remain in place for the duration of the original contract and any extensions periods. c) The City reserves the right to review Contractor's insurance policies at any time, to verify that City requirements have been met. d) Nothing shall preclude the City from requiring Contractor to purchase and provide evidence of additional insurance. e) Satisfaction of policy and endorsement requirements for General Liability and Auto Insurance, of "each occurrence~ and "aggregate" limits, can be met with an umbrella or excess policy with the same minimum monetary limits written on an occurrence basis, providing it is written by the same insurance carrier. .--------- OCT-07-2003 14:18 ST PAUL CITY PURCHAS I NG 6512668902 P.10/12 .,I -----.- ----.....--...... -....-.... The Contractor shall fumish both a performance bond and a payment bond, the Sureties of which must be acceptable to the Contract and Analysis Services Office, each in an amount equal to one hundred percent (100%) of the Contract amount. These bonds shall indemnify the City of Saint Paul for loss sustained on account of or by reason of the acts of the Contract or the acts of anyone directly or indirectly employed by the Contractor in the prosecution of llte work, Each bond should include the names and addresses ofthe Contractor and the Surety. ----- OCT-07-2003 14:18 ST PAUL CITY PURCHAS WG 6512668902 P.11/12 AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS NON-CONSTRUCTION CONTRACTS Section 183.04 of the Saint Paul Legislative Code (Human Rights Ordinance) and the Rules Governing Affirmative Requirements in Employment set forth the Affirmative Action Requirements which are to be incorporated into and made a part of every contract entered into by the City of Saint Paul. These documents are available on the Saint Paul Human Rights Department's Web Site www.ci.stDauI.mn.usldents/humanrights/.attheDepartment.sofficeat900CityHall.Saint Paul, Minnesota, or by calling the Department at (651) 266-8966. The Saint Paul Department of Human Rights is responsible for monitoring the ContraCt Compliance Program to determine whether or not persons or firms doing business with the City are complying with Section 183.04 of the Human Rights Ordinance and the Rules. As stated in Section 183.04, the contractor will not discriminate against any employee or applicant for employment because of race, creed, religion, sex, sexual or affectional orientation, color, national origin, ancestry, familial status, age, disability, marital status or status with regard to public assistance. Employers who contract with the City of Saint Paul must do more than merely avoid discriminatory practices. They must adopt and implcment affirmative action programs to employ women, minorities, and people with disabilities. The contractor must also include the Affirmative Action provisions of the Human Rights Ordinance and thc Rules in every subcontract, purchase order, or agreement with any subcontractor (including material suppliers and subcontractors who enter into a contract with another subcontractor or material supplier), with stipulations that the subcontractor is bound by the terms thereof. A contractor's good faith affirmative action efforts in the employment of women, minorities, and people with disabilities will be taken into consideration in the awarding of a contract. It is the contractor's responsibility to become familiar and comply with the City's requirements and to ensure that their subcontractors comply with them. THE FOLLOWING DOCUMENTATION MUST BE SUBMITTED TO THE SAINT PAUL HUMAN RIGHTS DEPARTMENT FOR APPROVAL BEFORE A CONTACT WILL BE AWARDED: AFFIRMA 11VE ACTION PROGRAM REGISTRA TrON Every contractor or subcontractor whose total accumulated contract or subcontract awards from the City of Saint Paul over the preceding twelve months has exceeded $50,000 must complete and submit to the Department an Affirmative Action Program Registration, through which the contractor certifies it has developed and is implementing an effective Affirmative Action Program, substantially similar to the Department's Model Affinnative Action Program for Construction Contractors, which shall include hiring goals for the employment of women and minorities in the contractor's office and construction workforces. Once the Affirmative Action Program Registration fonn is completed and accepted by the Saint Paul Human Rights Department, the contractor will be notified by letter. The Registration is valid for two (2) years. At the end of the two-year period, the contractor must complete and submit a new Registration form_ A Model Affirmative Action Program is available from the Saint Paul Human Riehts Deoartment on their Web Pa!!e or bv call (651) 266-8966. A Model Modified Affirmative Action Program is available for contractors with twenty (20) or fewer emolovees. Affirmative Action Requirements Continued Page 2 Contractors. subcontractors, and major material suppliers are also required to submit to the Saint Paul Department of Human Rights all of their job openings in the eleven (11) county Minneapolis/Saint Paul Metropolitan Statistical Area (Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, Wright counties in Minnesota and Pierce and St. Croix counties in Wisconsin) when they are posted or advertised. The job openings may be faxed to the Department at (651) 266-8962 using the Department's Job Opening Fax Memo form. . ------- OCT-07-2003 14:19 ST PAUL CITY PURCHASING 6512668902 P.12/12 from the Saint Paul Human Rights Department. ,.. -- .--- ____u......... ....._..._ r.......-.... __., v_ ...............u........ CONTRACTOR COMPLIANCE REVIEWS: The Human Rights Department staff will monitor the contractor's and subcontractors' affirmative action efforts and results. On- Site Compliance Reviews will be conducted on the work force of contractors, their subcontractors and material suppliers that enter into contractual agreements with the City of Saint Paul. The purpose ofthc review is to determine the contractors' compliance with the rules, regulations and orders of Section 183.04 of the Human Rights Ordinance. On-site reviews include, but are not limited to, reviewing the implementation of the contractor's Affinnative Action Program, personnel policies and procedures. Contractors and subcontractors may bc required to provide additional documentation in order to determine whether or not they are making measurable improvements in the hiring of minority, female and disabled persons, including, but not limited to: 1. Good Faith Efforts Questionnaire 2. Applicant Flow Data 3. Employee Turnover Data 4. Documentation Supporting Dissemination and Implementation ofEEO/AA Policies. 5. Documentation Supporting Recruitment Efforts. Failure to comply with any of the requirements set forth above is sufficient grounds tor disciplinary or remedial actions provided for under Article IV of the Rules; namely: I. Termination of the contract; 2. Suspension of the contract until corrective steps are taken; 3. Continuation of the contract subject to the imposition of conditions to correct the noncompliance; 4. Declaration that the contractor shall be ineligible to bid on future contracts either permanently or for a stated time; or 5. A combination of the above. It is imperative that contractors who are being considered for contracts of $50,000 or more contact the Human Rights Department to obtain copies of the requirements and documents in order to expedite the Affirmative Action reviewing process. If you have any questions, please contact a Human Rights Specialist at (651) 266-8966. Effective 0 J 10 110 1 TOTAL P. 12 ---~.