HomeMy WebLinkAboutItem 06.i
Date: March 2, 2020 Item No.
APPROVAL OF A CONTRACT WITH THE STATE OF MINNESOTA FOR THE
PROVISION OF AN INSTITUTION COMMUNITY WORK CREW (ICWC)
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 ICWCs 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 for specific City assigned tasks on an as requested basis. Primary use
would be from Friday through Sunday at a rate of $75.00 per hour for a 10-hour work shift.
Rates provide for 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.
The ICWC program provides work crews to a variety of cities in the metro area. The City used
the ICWC twice in 2018 and has plans to use them in 2020 for improvements to Legacy Park.
Staff 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: Budgeted: Source:
Related Documents (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Neil Normandin, Public Works and Facilities Coordinator
Revised 9/02
1
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, whose designated business address is 20195 Holyoke
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, 2020 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, 2021 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 the work crew with 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.
Revised 9/02
2
5 Authorized Representatives
The State's Authorized Representative is Scott Miller, ICWC Supervisor 1450 Energy Park Drive, Suite
200, St. Paul, MN 55108. Phone: 651-587-0570, or his successor.
The Purchaser’s Authorized Representative is Paul Oehme, Public Works Director 20195 Holyoke Ave,
Lakeville, MN, 55044 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.
Revised 9/02
3
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