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HomeMy WebLinkAboutItem 06.e Date: July 5, 2016 Item No. APPROVAL OF A CONTRACT WITH THE STATE OF MINNESOTA FOR THE PROVISION OF AN INSTITUTION COMMUNITY WORK CREW Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with the State of Minnesota for the provision of an Institution Community Work Crew. Overview The State of Minnesota, through the Commissioner of Corrections, makes Institution Community Work Crews (ICWC) available to cities for a variety of work projects. The ICWC consists of a crew leader and up to 10 offenders and the basic equipment needed to complete a variety of tasks throughout the City. Tasks can include anything from clearing and removing brush and debris to landscaping to cleaning facilities. Any specialized equipment is provided by the City. The ICWC is available at specified times and for specific City assigned tasks on an as requested basis. The contract is for overtime work performed by the ICWC meaning any work performed Friday through Sunday. The City is required to pay $750.00 per day as its share of providing a crew leader and placing a work crew into service during the term of this agreement. If the City does not request an ICWC during the term of the contract, there is no cost to the City. Due to the program’s structure, work crews have limited availability and currently only overtime crews are available to the City. The ICWC program provides work crews to a variety of cities in the metro area. Staff has met with the ICWC program supervisor to discuss all aspects of the program and recommends approval of a contract. Primary Issues to Consider • What are the benefits of this program? The ICWC program provides work crews that can supplement City crews in large tasks, such as emergency response, or operate independently allowing City crews to move on to other projects. Use of the ICWC program is cost effective and multiplies the efforts of City staff in completing projects. Supporting Information • A copy of the contract is attached. Financial Impact: $0 Budgeted: N/A Source: N/A Related Documents (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Chris Petree, Public Works Director Income Contract No. __________ (Provided by Department of Administration) STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota, acting through its Commissioner of Corrections, Institution Community Work Crew (“State”), and the City of Lakeville, 20195 Holyoak Ave, Lakeville, MN, 55044 (Purchaser"). Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. 2. The Purchaser is in need of an Institution Community Work Crew (ICWC). 3. The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract 1 Term of Contract 1.1 Effective date: July 1, 2017 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: June 30, 2018 or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 State’s Duties The State will: 2.1 Provide crew leader(s) who will supervise up to ten (10) offender crewmembers per ten (10) hour days of work on dates mutually agreed between parties, including the hour’s crew leaders spend for daily preparation and communication. 2.2 In coordination with the Purchaser, train each work crew in safety principles and techniques set forth by the Purchaser and applicable federal, state and local agency requirements. Purchaser agrees that the State has the responsibility and authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. 2.3 Provide required personal safety equipment and clothing needed for specific work. 2.4 Screen projects to ensure that appropriate staff are assigned. 3 Purchaser’s Duties The Purchaser will 3.1 Obtain all necessary permits or licenses or special authority for all projects that utilize ICWC labor. 3.2 Assign all work and coordinate material purchases and delivery through the ICWC crew leader for projects to be performed by the State. 3.3 Hire any subcontractors utilized in the project. 3.4 Provide utilities at the work site and set up accounts for the purchase of materials and rental of specialized tools or equipment needed for the work. 3.5 Meet with the State as necessary to provide project information needed by the State in the performance of its’ duties. 4 Payment 4.1 The Purchaser agrees to pay Four hundred seventy-five dollars and 00/100 ($475.00) per day worked Monday thru Thursday and Seventy-five dollars and 00/100 ($75.00) for each overtime hour worked and hours worked on Friday thru Sunday by the ICWC crew, as its share of the cost of providing a crew leader and placing the work crew into service on the ICWC program during the term of this agreement. Payment will be made no later than the 23rd day following the last day of the billing period. 5 Authorized Representatives The State's Authorized Representative is Scott Miller, ICWC Supervisor or his successor. The Purchaser’s Authorized Representative is Chris Petree, Public Works Director or his successor. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof. 7 Amendments, Waiver, and Contract Complete 7.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 7.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or its right to enforce it. 7.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract, whether written or oral, may be used to bind either party. 8 Government Data Practices The Purchaser must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must immediately notify the State. The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 9 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State’s Authorized Representative. 10 Audit Under Minn. Stat. Section 16C.05, subd. 5, the Purchaser’s books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a total of six years. 11 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12 Termination Either party may terminate this agreement at any time, with or without cause, upon 30 days’ written notice to the other party. 1. PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles, bylaws, resolutions, or ordinances. By Title Date By Title Date 2. STATE AGENCY With delegated authority By Title Date 3. Commissioner of Administration As delegated to Materials Management Division By Date Distribution DOC Financial Services Unit – Original (fully executed) contract Purchaser State’s Authorized Representative Budget Officer of Authorized Representative Department of Administration – Materials Management Division