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HomeMy WebLinkAbout13.D.1. Agreement for the City of Prior Lake Part-Time Utilization of City of Shakopee Engineering Employees~3.~.1, CITY OF SHAKOPEE 1Vlemorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Agreement for the City of Prior Lake Part-Time Utilization of City of Shakopee Engineering Employees DATE: September 7, 2010 INTRODUCTION: Attached is an agreement for the City of Prior Lake part-time utilization of City of Shakopee Engineering employees for Council consideration and approval. BACKGROUND: The City of Shakopee and the City of Prior Lake Public Works staff have met to discuss the possible utilization of the City of Shakopee's GIS Specialist in utilization of GIS mapping and Cartegraph services, including data and system management and report preparation by the City of Prior Lake. Currently, the City of Shakopee has afull-time GIS Specialist who have been with the City three years in November. The City of Prior Lake currently does not have a GIS person and needs to utilize services of our GIS position or a consultant engineer. The City of Prior Lake has met our GIS Specialist and has seen the work that he has done for the City of Shakopee and would like to utilize the GIS Specialist for approximately four to eight hours a week. We have reviewed our work program and schedule and believe the City of Shakopee can allow four to eight hours, including travel time to be utilized by the City of Prior Lake for at least a 6-month trial period. Within the agreement, the City of Prior Lake will compensate the City of Shakopee two times the base salary of the assigned employee and will make monthly payments based upon the bill presented by the City of Shakopee to the City of Prior Lake. Also, an agreement on the overtime, which is not expected to be any, would be shared by both Cities up to the number of hours utilized by the City of Prior Lake for that week. In review of the agreement, staff believes we can utilize our GIS Specialist to assist Prior Lake in furthering their GIS System and Asset Management System, which we have developed over the past three years. Staff anticipates this being a 6-month trial period, however, it could be longer depending upon how well the arrangement works. Either City could opt out of the agreement with a 30-day notice. It is staff's intention to monitor the work arrangement and also the GIS and Asset Management needs of the Public Works Department during this trial period and determine its effectiveness. BUDGET IMPACT: By utilizing our GIS specialist for eight hours over 24 weeks, a savings of over $10,000.00 could be achieved. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the agreement for the City of Prior Lake part-time utilization of the City of Shakopee's Engineering employees. 2. Do not authorize the execution of agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to approve a motion authorizing the appropriate City officials to execute the agreement for the City of Prior Lake part-time utilization of City of Shakopee Engineering employees. ACTION REQUESTED: Approve a motion authorizing the appropriate City officials to execute agreement for the City of Prior Lake part-time utilization of City of Shakopee Engineering employees. ruce Loney, P.E Public Works Director ENGR/2010-PROJECTS/2010-COUNCII./AGREEMENT-PRIOR-LAKE-UTILIZATION-SHAKOPEE-ENGINEERING-EMPLOYEES AGREEMENT FOR THE CITY OF PRIOR LAKE PART-TIME UTILIZATION OF CITY OF SHAKOPEE ENGINEERING EMPLOYEES THIS AGREEMENT, entered into by and between the CITY OF SHAKOPEE (Shakopee), a Minnesota municipal corporation, and the CITY OF PRIOR LAKE (Prior Lake), a Minnesota municipal corporation, is effective upon the execution of this Agreement by the named officers of both Cities. RECITALS WHEREAS, PRIOR LAKE is in need of additional engineering and technical support services; and WHEREAS, SHAKOPEE has a full service Engineering Department and other technical employees that are able to provide the services required by PRIOR LAKE; and WHEREAS, Prior Lake desires to contract with Shakopee for Engineering Services. NOW, THEREFORE, it is mutually stipulated and agreed to as follows: 1. SERVICES. A. SHAKOPEE will provide qualified engineering services employees ("Employees") to perform geographic information system and cartegraph system support and related technical services required by PRIOR LAKE not to exceed eight hours per week (including travel time). PRIOR LAKE may request additional employee time, but any additional time must be approved in advance by SHAKOPEE. The services. include the following: • GIS Mapping and Map Updates • Cartegraph Services including data and system management and report preparation B. SHAKOPEE shall be solely responsible for compensating the assigned Employees engaged in providing technical services under this Agreement, including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of SHAKOPEE. In the event that overtime is paid to the employee, PRIOR LAKE agrees to be responsible for reimbursing SHAKOPEE for half of the overtime paid to the Employees up to the total number of hours used by PRIOR LAKE during the period in which the overtime is paid. In addition, SHAKOPEE shall be solely responsible for training, workers' compensation, reemployment insurance benefits, and compliance with other employee related laws, including OSHA, ERISA, RLSA, and FMLA. 374084v2 SJS SH155-23 SHAKOPEE shall retain the sole authority to control the Employees, including the right to hire, fire and discipline them. C. PRIOR LAKE shall provide the necessary office equipment, work area and supplies for the assigned Employees when they are holding office hours in the PRIOR LAKE Maintenance Center and will bear all costs attendant thereto. D. PRIOR LAKE and SHAKOPEE shall coordinate scheduling of work to be performed by the assigned Employees and shall receive prior approval of all scheduled hours to be performed under this Agreement from the SHAKOPEE Public Works Director. E. The assigned Employees shall be under the direct supervision of the SHAKOPEE Assistant City Engineer £or the purpose of performance review and any discipline related issues. It is understood that while the assigned Employees are providing services for PRIOR LAKE, the Employees will be under the work direction of the PRIOR LAKE Public Works Director. PRIOR LAKE -shall notify SHAKOPEE of any and all complaints about the services rendered by the assigned Employees and cooperate in the documentation, investigation, and resolution of the same. F. PRIOR .LAKE and SHAKOPEE shall participate jointly in the interviewing of applicants and hiring of the primary assigned Employee (GIS Specialist), including any replacement for this position if necessary. However, the final decision on selection shall be made by SHAKOPEE. G. All costs related to training, licensing, equipment and other matters concerning the professional development of the primary assigned Employee necessary to provide these services contemplated by this Agreement shall be borne by SHAKOPEE. Reimbursement for these costs shall be included in the reimbursement formula under the payment section for engineering services. 2. PAYMENT. PRIOR LAKE shall compensate SHAKOPEE for services rendered in the amount of 2.0 times the base salary of assigned Employee providing services to PRIOR LAKE including travel time from SHAKOPEE office at 500 Gorman Street to PRIOR LAKE Maintenance office. PRIOR LAKE shall make monthly payments, upon presentation by SHAKOPEE of a monthly billing equal to costs incurred for that month. 3. INDEMNIFICATION. SHAKOPEE agrees to defend, indemnify and hold harmless PRIOR LAKE, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from SHAKOPEE's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of SHAKOPEE. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 374084v2 SJS SH155-23 PRIOR LAKE agrees to defend, indemnify and hold harmless SHAKOPEE and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from PRIOR LAKE's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of PRIOR LAKE. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 4. TERMINATION, SEPARABILITY. A. The term of this Agreement shall be ongoing, but this Agreement may be terminated by either party for any reason upon thirty (30) days' written notice provided to the respective City Manager of PRIOR LAKE or City Administrator of SHAKOPEE. B. Upon termination, any and all records or property of the respective Cities will be returned to the appropriate City within ninety (90) days. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. 5. REVISIONS TO AGREEMENT. Both parties acknowledge that modifications to this Agreement may be necessary to ensure an effective, on-going working relationship. To that end, PRIOR LAKE and SHAKOPEE shall use their best efforts to ensure the viability of this Agreement into the future. However, any alterations, variations, modifications, or waivers of provisions to this Agreement will only be valid when they have been reduced to writing and duly signed, and attached hereto. 6. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between SHAKOPEE and PRIOR LAKE and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter in this Agreement. 7. RELATIONSHIP BETWEEN THE PARTIES. It is agreed that nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties. 374084v2 SJS SH155-23 IN WITNESS WHEREOF, the Cities of PRIOR LAKE and SHAKOPEE have caused this Agreement to be duly executed effective on the day and year last entered below: Dated: Dated: ENGR/2010-PROJECTS/2010-CORRESPONDENCE/AGREEMENT-PLSHAKOPEE CITY OF PRIOR LAKE By: Mike Myser Its Mayor By: Frank Boyles Its City Manager CITY OF SHAKOPEE By: John Schmitt Its Mayor By: Mark McNeill Its City Administrator By: Judith Cox Its City Clerk 374084v2 SJS SH155-23