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99-745ORiGiNAi. RESOLUTION ?,SAINT PAUL, NIINNESOTA Presented By: Referred To: Council File # Green Sheet # q4-'1 �45 09682 �a Committee:Date: 1 RESOLVED, That the proper city officials hereby authorize the City of Saint Paul Police 2 Department to enter into a joint powers agreement with the Minnesota Department of Pu61ic Safety 3 for reimbursement of ordnaace disposai services rendered by the 5aint Paul Police Departmeat 4 Ordnance Disposal Unit, and 5 b BE IT FLiRTHER RESOLVED, thaY William Finney, Saint Paul Police Chief, is authorized to 7 esecute the a�eement on behalf of the City of Saint Paul. 8 4 10 I1 12 13 14 15 16 17 18 19 za ai za 23 24 25 26 27 28 29 30 31 32 33 Adopted by Council: Date: _ Adoption ertified by Councit By: �- . _ Approved by Mayor: D� By: odustate-99 �l (�l�l'/ DEPARTMEMtlOFFICE(COUNCIL DA7EINITIq7EA Ijolice � 7/7/99 GREEN SHEET No. 09682 TACT P 8 P ONE INrtIAUDA7E tNmAUDA7E ChiefFinney 292-3588 1 mnn,�xarmeECron7 q� A ca�. { �s MU57 BE ON COUNCIL AGENDA BY �DA'f� � ^, ^ t �q �• I L �Ilt'il'lONN�Y� �CIER[ 4.�� � pnw�w.w�SpNKESOW.� �RWICULLSFRV/ACCTC f..�� A � r wwWR{CRl1Sffi�AMI�J/ �., � yuwnNfliT3 L.� �TM V i TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnorr r�nuESreo Signatures requested on the attached council resolution, authorizing the St. Paul Police Department to enter into a joint powers agreement with the State of Minnesota for reimbursement for ordnance disposal seivices for the periad from July 1, 1999 tLrough June 30, 2001. RECOMMENDATWN Approve (A) or Rejeet (Rj PE[iSONpISERY10EfANSRACTS MUST ANSWER THE f-0LL�WING QUESTWNS: 1. Has this perso�rtn everworked under a co�rtract for this depaAmeM? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this perso�rm ever been a city employee? � CIVIL SERVICE COMMISSION YES No 3. Dces this persoNfi�n possess a sltlll not nortnally possessed by any curtent cRy employee? VES NO 4. Is this persoNfirm a targeted venduR YES NO E�lain all yes answers an separate sheet and atlach ta green sheet INITIATING PR08LEM ISSUE, OPPORTUNITY (WHO, WHAT, WFIEN, WHERE, WNY) The State of Minuesota will reimburse the Ciry of Saint Paul $150 per ho� for ordnance disposal setvices. ADVANTAGESIFAPPROVED The State of Minnesota has authorized legislation for ordnance disposal services throughout the state. �.;"`�^�: r'�.��_-�. DISADVANTAGES IF APPROVED tvi�%.. I � !��J None apparent ' �� DISADVANTAGES IF NOT APPROVED �:., . � * t �• ° �`^'` ' `" �`� ``° �°'s The State of Minnesota will not reimburse the City of Saint Paul for ordnance disposal services. TOTAL AMOUNT OF TRANSACTION $ COSflREVENUE BUWEfED (CIRCLE ONE) YES NO Cou;��! �assarc� Cen�er FUNDING SOURCE Minnesota Department of Public Safety ACTIVITY NUM6ER � FINANCULLINFOWNATION(EXPW(� JUL 2 '� 19�,9 ag -��s STATE OF NIINNESOTA JOINT POWERS AGREEMENT Accounting Information: P07 $27,900.00 a `: 2D80 uo,ea coae: 2D80 $13,950.00 ' ° '" °'n"` $13,950.00 Requisifion: Number@ate(�ntry Inifiats Solicitation: $13,950.00 Number/Date/Entry Initials Conffact: Order: NumberNate/Entry Inifials Number/Date/Signatures [IndividuaI signing certifies that funds have been encumbered as requued lry Minn Stat § 16A15 and 16C.OS.J THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto, (hereinafter "contract") is between the State of Minnesota, acting through iis Department of Public Safetv (hereinafter "STATE"), which is empowered to enter into joint po�vers agreements pursuant to Minn. Stat § 471.59, Subd. 10, and Minn. Stat. § 299C.063, Subd. 3, wluch is empowered to enter imo agreements with bomb disposal units, and Citv of St PauUSt. Paul Police Department, address 100 East l lth Sffeet St Paul . Minnesota 55101 (hereinafrer "CON"I'RAG TOR"), who are empowezed to enter into joint powers agreements pursuant to Mimi_ Stat. § 471.59, Subd. 10; and WAEREAS anoro�riated funding haa become available to xeunburse STATE aporovetl bomb sauads units for exoense reimbursement as uer Minnesota Statute 299C.063: and 4VHEREA5, CON"I'RACTOR represents that it is duly qualified and willing to perfornt the seroices set forth herein. 200Q & 2Q01 CD00032-06 (04-22-96) IointPOweaAgreanrnt (DPSB bSavada-Sf Yad1 1 (ADMIN 1011�) Processing Information: (Some emries may not apply) NOW, THEREFOI2E, it is agreed: �q -��lS Defuritions: The terms used in this Ageement have the meuiings given them in Minnesota Statute 299C.063, Subdivision 1. (a) `Bomb disposal unit' means a commissioner-approved unit consisting of pe�ons who aze trained and equipped to dispose of or neu4alize bombs or other similaz hazardous explosives and who are employed by a municipalit�•. (b) "Commissioner" means the commissioner of public safery. (c) "Municipality" has the meaning given it in section 466.01. (d} "Hazardous explosives" means explosives as defined in section 299F.72, subdivision 2, explosi��e devices and incendiary de�ices as defined in section 609.668, subdivision 1, and all materials subject to regulation under United States Code, rifle 18, chapter 40. I. CONTRACTOR'S DU'I'fES (Attach additional page if necessary which is incoiporated by reference and made a pazt of this agreement.) CONTRACTOR shall: A. CONTRACTOR is an approved bomb disposal unit, and shall provide bomb squad unit services outside of its geographic jurisdicflon for another municipality or othenvise outside the jurisd'action of the employer-municipality but within the state. B. CON'i'RACTOR shall only invoice the STATE for expenses incurred while providing bomb disposal unit services outside its geographic jurisdicfion for another municipaliry or otherwise outside the jurisdiction of the employer-municipality but within the state. Also, expenses incuered and invoiced to the STATE will be set ai a flat rate of $150.00 per hour. Should CONTRACTOR have a conriact with an other entity other then the STATE for these services, CONTRACTOR will not invoice the STATE for services covered by that contract. C. The set flat rate of $150.00 per hour for eapense reimbursement to the CONTRACTOR is inclusive of the bomb sguad unit and all services provided. D. CONTRACTOR shall provide reports to the STATE's Authorized Representalive at least qiaarterly, but not more oRen than monthly. Reports must include a brief outline of services provided and costs incurred. This report must be submitted to the STATE's Authorized Representative with invoice for eapense reimbursement. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all secvices performed by CONTRACTOR pursuant to this contract shall be paid by the STA7B as follows: 1. CONTRACTOR shall be reimbursed at a flat rate of $150.00 per hour. This flat rate is inclusive of the Bomb squad unit and seivices provided. 2. Reimbursement is limited to the extent of appropriated funds. The total obligation of the STATE for all eapense reimbursement to the CONTRACTOR incurred under Clause I of this contract shall not exceed Thirteen Thousand Nine Hundred Fifry dollars and no/cems ($I3.950.001 from, July 1, 1999, through, June 30, 2000; and an additional Thirteen Thousand Nine Aundred Fifiv dollars and no(cents ($139�OAQ) from, July 1, 200G, through, June 3Q 2001. Funds not eapended by the CONTRACTOR during the first year of this contract may be expended in the second year of the contract, thereby increasing the total dollar amount that may be expended during the second year of the contract. B. Terms of Payment Payments shall be made by the STATE prompUy after CONTRACTOR'S presentation of invoices for sen�ices performed and acceptance of such seivices by the STA7'E'S authorized representafive pursuam to Clause VI. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: Invoices shall be filed in arrears a[ least quarterly, but not more often than monthly and within 30 days of the period covered by the invoice for work performed. Final invoice shall be received no later than August 31, 2001. III. CONDITTONS OF PAYMENT All services provided by CON'IRACTOR pursuant to this conffact shall be performed to the CD00032-06 (Od-22-96) 1omtPowusAgaement (DPS-BmnbSU�ads-St PeuO (ADMIN 1051�) 2 �lq -�'� S safisfaetion of the STAT'E, as determined at the sole discrelion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, mles and regulations. CONTRACTOR shall not zeceive payment for work found by the STAT'E to be unsatisfactory, or perfonned in violafion of federal, state or loral law, ordinance, iule or regulation. N. 'I"HRMS OF CONTRACI' This contract shall be effectiue on Julv 1 1494 , or upon the date that the final required signatuce is obtained by the STATE, pursuant to Minn. Stat. § 16C.05, Subd. 2, whichever occu� later, and shall remain in effect until June 30 �001, or until all obligations set forth in this contract have been satisfaetorily fulfilled, whichever occurs fust V. CANCELLATION Ttiis contcact may be cancelled by the STAT'E or the Commissioner of Administration, or by the CON'I'RACTOR at any time with or without cause, upon fliirty (30) days written notice to the otherparry. In the event of such a cancellation, CONTRACTOR shall be entitled to pa}�neni, determined on a pro rata basis, for «rork or seroices saflsfactorily performed. VI. STATE'S AUTHORIZED REPRESENTATIVE The STATE'S Authorized Representative for the puiposes of adnunistration of this contract is Ed Leier or his successor in oft'ice . The CONTRACTOR'S Authorized Represemative for the puiposes of administrarion of this contract is S.�t McAlQine/ St. Paul Police Dep.artment . Each Authorized Representative shall have final authority for acceptance of CONTRACTOR' S seivices and if such sen%ices are accepted as sarisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. VII. ASSIGNMENT CONTRACTOR shall neither assign nbr transfer any rights or obligafions under this contract without the prior written consent of ihe STATE. VIII. AMENDMENTS Any amendments to this contract shatl be in wri5ng, and shall be executed by the same parties who executed the original contrad, or their successors in office. IX. LIABILITY Each parry will be responsible for their own acts and behavior and the results thereof. CONIRACTOR'C liability is govemed by ihe Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The STATE'S ]iability is governed pursuant to the provisions of Minnesota Statutes, Chapter 176.192, and Chapter 3.732, Subd 1., paragraph (2), during operations authorized under Secdon 299C.063 operating outside their geographic jurisdic6on. CONTRACTOR'S Bomb Disposal Unit Employees operafing outside their geographic jurisdicfion aze employees of the Department of Public Safety when disposing of or neuhalizing bombs or other similar hazazdous explosives, as defined in Section 299C.063. Coverage is initiated once the bomb squad unit is acrivated and outside its geographic jurisdiction forpurposes of this chapter 299C.063, for another municipality or otherwise outside the jurisdiction of the employer-municipaliry but within the state. This clause shall not be construed to baz any legal remedies CON'IRACTOR may have for the STATE'S failure to fulfill its obligations pursuant to this conffact. CONTRACTOR's geographic jurisdiIXion is defined on Attachznent A., hereby incorporated by reference and made a part of this conh X STATE AUDITS The books, records, documents, and accounting procedures and practices of ihe CONTRACTOR relevant to this con4act sha11 be subj ect to examination by the contracting department and the Legislative Auditor for a minimum of six years from the end date of this Contract. XI. DATA PRACTICES ACT The CONTRACTOR shall comply with the Minnesota Data Pracuces Act as it applies to all data provided by the STATE in accordance with this conhact and as it applies to all data created, gathered, generated or acquired in accordance with this contract. XII. PUBLICITY Any publicity given to the program, publications, or sen�ices provided resulting from this contract, includ'uig, but not limited to, notices, informaflonal pamphlets, press releases, reseazch, reports, signs, and similazpublic notices prepared b}� or for the CONTRACTOR or its emplopees individually or jointly with others, or any subcontracmrs shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in this contract prior to its approval UY the STAT'E'S Authorized Representative. CD00032-06 (OG-22-96) Joint Powen A�eement (DPS-Bomb Suvads - Sc PauD (ADMM 10517 3 0.q-'l�ts XIII. WORKERS' COMPEI3SATION CONTRACTOR certifies that it has complied �vith the workers' compensation insurance coverage requirement of Muui. Stat. Section 176.181, subd. 2. Except, in accord2nce with psovisions of Minnesota Statute 176.192 Bomb Disposal Unit Employees: For puiposes of this chapter, a member of a bomb disposal unit approved by the commissioner of public safety and employed by a municipality defined in section 466.01, is considered an employee of the department of public safery solely for the purposes of this chapter when disposing of or neuhalizing bombs or other similar hazardous e�losives, as defined in section 299C.063, for another municipality or otherwise outside the jurisdiction of the employer-municipaliry but �vithin the state. CONTRACTOR's geo�'aphic jurisdiction is defined on Attachment A., hereby incoiporated by reference and made a part of this contract. XIV. OTHER PROVISIONS (Attach additional pages as necessary): IN WITNESS WHEREOF, the pazties have caused tl�is contract to be duly executed imending to be bound thereby. APPROVED: 1. CO RACTi Conhactot rtifi< the convact on articles, by-laws, i By TiUe: Datz By Title Date R (Govert�mental Entity): that the appropriate person(s) have executed If of the conVactor as required by applicable M�ulions. or ordinances. uli � � ca�l' ��� s;� n r�'w�'e. - 2. STATE AGENCY: By (authorized signamre) Title Date s to fonn and execu[ion . ATTORNEY GENERAL: By (authorized signature) Date 4. COMMISSIONER OF By (authorized signaNre) Date CO00032-06(0422-96) IointPoweezAgeemzvt �DP,S-B bSaiade-StPaill (ADMM 105t�) 4 Description of CON'TRACTOR'S Geogcaphic Jurisdiction CONTRACi'OR'S (City of St Paul) geographic jurisdiction is descn�bed as follows: q9 -'143 Attachtnent A. For purposes of this agreement, CONTRACTOR's normal geographic jurisdiction is the corporate city limits of the City of St. Paul. J6 (04d2-96) JointPowrssAgreement (DPS-BOnbSU�d%-StPouD 1051)) 5 ORiGiNAi. RESOLUTION ?,SAINT PAUL, NIINNESOTA Presented By: Referred To: Council File # Green Sheet # q4-'1 �45 09682 �a Committee:Date: 1 RESOLVED, That the proper city officials hereby authorize the City of Saint Paul Police 2 Department to enter into a joint powers agreement with the Minnesota Department of Pu61ic Safety 3 for reimbursement of ordnaace disposai services rendered by the 5aint Paul Police Departmeat 4 Ordnance Disposal Unit, and 5 b BE IT FLiRTHER RESOLVED, thaY William Finney, Saint Paul Police Chief, is authorized to 7 esecute the a�eement on behalf of the City of Saint Paul. 8 4 10 I1 12 13 14 15 16 17 18 19 za ai za 23 24 25 26 27 28 29 30 31 32 33 Adopted by Council: Date: _ Adoption ertified by Councit By: �- . _ Approved by Mayor: D� By: odustate-99 �l (�l�l'/ DEPARTMEMtlOFFICE(COUNCIL DA7EINITIq7EA Ijolice � 7/7/99 GREEN SHEET No. 09682 TACT P 8 P ONE INrtIAUDA7E tNmAUDA7E ChiefFinney 292-3588 1 mnn,�xarmeECron7 q� A ca�. { �s MU57 BE ON COUNCIL AGENDA BY �DA'f� � ^, ^ t �q �• I L �Ilt'il'lONN�Y� �CIER[ 4.�� � pnw�w.w�SpNKESOW.� �RWICULLSFRV/ACCTC f..�� A � r wwWR{CRl1Sffi�AMI�J/ �., � yuwnNfliT3 L.� �TM V i TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnorr r�nuESreo Signatures requested on the attached council resolution, authorizing the St. Paul Police Department to enter into a joint powers agreement with the State of Minnesota for reimbursement for ordnance disposal seivices for the periad from July 1, 1999 tLrough June 30, 2001. RECOMMENDATWN Approve (A) or Rejeet (Rj PE[iSONpISERY10EfANSRACTS MUST ANSWER THE f-0LL�WING QUESTWNS: 1. Has this perso�rtn everworked under a co�rtract for this depaAmeM? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this perso�rm ever been a city employee? � CIVIL SERVICE COMMISSION YES No 3. Dces this persoNfi�n possess a sltlll not nortnally possessed by any curtent cRy employee? VES NO 4. Is this persoNfirm a targeted venduR YES NO E�lain all yes answers an separate sheet and atlach ta green sheet INITIATING PR08LEM ISSUE, OPPORTUNITY (WHO, WHAT, WFIEN, WHERE, WNY) The State of Minuesota will reimburse the Ciry of Saint Paul $150 per ho� for ordnance disposal setvices. ADVANTAGESIFAPPROVED The State of Minnesota has authorized legislation for ordnance disposal services throughout the state. �.;"`�^�: r'�.��_-�. DISADVANTAGES IF APPROVED tvi�%.. I � !��J None apparent ' �� DISADVANTAGES IF NOT APPROVED �:., . � * t �• ° �`^'` ' `" �`� ``° �°'s The State of Minnesota will not reimburse the City of Saint Paul for ordnance disposal services. TOTAL AMOUNT OF TRANSACTION $ COSflREVENUE BUWEfED (CIRCLE ONE) YES NO Cou;��! �assarc� Cen�er FUNDING SOURCE Minnesota Department of Public Safety ACTIVITY NUM6ER � FINANCULLINFOWNATION(EXPW(� JUL 2 '� 19�,9 ag -��s STATE OF NIINNESOTA JOINT POWERS AGREEMENT Accounting Information: P07 $27,900.00 a `: 2D80 uo,ea coae: 2D80 $13,950.00 ' ° '" °'n"` $13,950.00 Requisifion: Number@ate(�ntry Inifiats Solicitation: $13,950.00 Number/Date/Entry Initials Conffact: Order: NumberNate/Entry Inifials Number/Date/Signatures [IndividuaI signing certifies that funds have been encumbered as requued lry Minn Stat § 16A15 and 16C.OS.J THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto, (hereinafter "contract") is between the State of Minnesota, acting through iis Department of Public Safetv (hereinafter "STATE"), which is empowered to enter into joint po�vers agreements pursuant to Minn. Stat § 471.59, Subd. 10, and Minn. Stat. § 299C.063, Subd. 3, wluch is empowered to enter imo agreements with bomb disposal units, and Citv of St PauUSt. Paul Police Department, address 100 East l lth Sffeet St Paul . Minnesota 55101 (hereinafrer "CON"I'RAG TOR"), who are empowezed to enter into joint powers agreements pursuant to Mimi_ Stat. § 471.59, Subd. 10; and WAEREAS anoro�riated funding haa become available to xeunburse STATE aporovetl bomb sauads units for exoense reimbursement as uer Minnesota Statute 299C.063: and 4VHEREA5, CON"I'RACTOR represents that it is duly qualified and willing to perfornt the seroices set forth herein. 200Q & 2Q01 CD00032-06 (04-22-96) IointPOweaAgreanrnt (DPSB bSavada-Sf Yad1 1 (ADMIN 1011�) Processing Information: (Some emries may not apply) NOW, THEREFOI2E, it is agreed: �q -��lS Defuritions: The terms used in this Ageement have the meuiings given them in Minnesota Statute 299C.063, Subdivision 1. (a) `Bomb disposal unit' means a commissioner-approved unit consisting of pe�ons who aze trained and equipped to dispose of or neu4alize bombs or other similaz hazardous explosives and who are employed by a municipalit�•. (b) "Commissioner" means the commissioner of public safery. (c) "Municipality" has the meaning given it in section 466.01. (d} "Hazardous explosives" means explosives as defined in section 299F.72, subdivision 2, explosi��e devices and incendiary de�ices as defined in section 609.668, subdivision 1, and all materials subject to regulation under United States Code, rifle 18, chapter 40. I. CONTRACTOR'S DU'I'fES (Attach additional page if necessary which is incoiporated by reference and made a pazt of this agreement.) CONTRACTOR shall: A. CONTRACTOR is an approved bomb disposal unit, and shall provide bomb squad unit services outside of its geographic jurisdicflon for another municipality or othenvise outside the jurisd'action of the employer-municipality but within the state. B. CON'i'RACTOR shall only invoice the STATE for expenses incurred while providing bomb disposal unit services outside its geographic jurisdicfion for another municipaliry or otherwise outside the jurisdiction of the employer-municipality but within the state. Also, expenses incuered and invoiced to the STATE will be set ai a flat rate of $150.00 per hour. Should CONTRACTOR have a conriact with an other entity other then the STATE for these services, CONTRACTOR will not invoice the STATE for services covered by that contract. C. The set flat rate of $150.00 per hour for eapense reimbursement to the CONTRACTOR is inclusive of the bomb sguad unit and all services provided. D. CONTRACTOR shall provide reports to the STATE's Authorized Representalive at least qiaarterly, but not more oRen than monthly. Reports must include a brief outline of services provided and costs incurred. This report must be submitted to the STATE's Authorized Representative with invoice for eapense reimbursement. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all secvices performed by CONTRACTOR pursuant to this contract shall be paid by the STA7B as follows: 1. CONTRACTOR shall be reimbursed at a flat rate of $150.00 per hour. This flat rate is inclusive of the Bomb squad unit and seivices provided. 2. Reimbursement is limited to the extent of appropriated funds. The total obligation of the STATE for all eapense reimbursement to the CONTRACTOR incurred under Clause I of this contract shall not exceed Thirteen Thousand Nine Hundred Fifry dollars and no/cems ($I3.950.001 from, July 1, 1999, through, June 30, 2000; and an additional Thirteen Thousand Nine Aundred Fifiv dollars and no(cents ($139�OAQ) from, July 1, 200G, through, June 3Q 2001. Funds not eapended by the CONTRACTOR during the first year of this contract may be expended in the second year of the contract, thereby increasing the total dollar amount that may be expended during the second year of the contract. B. Terms of Payment Payments shall be made by the STATE prompUy after CONTRACTOR'S presentation of invoices for sen�ices performed and acceptance of such seivices by the STA7'E'S authorized representafive pursuam to Clause VI. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: Invoices shall be filed in arrears a[ least quarterly, but not more often than monthly and within 30 days of the period covered by the invoice for work performed. Final invoice shall be received no later than August 31, 2001. III. CONDITTONS OF PAYMENT All services provided by CON'IRACTOR pursuant to this conffact shall be performed to the CD00032-06 (Od-22-96) 1omtPowusAgaement (DPS-BmnbSU�ads-St PeuO (ADMIN 1051�) 2 �lq -�'� S safisfaetion of the STAT'E, as determined at the sole discrelion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, mles and regulations. CONTRACTOR shall not zeceive payment for work found by the STAT'E to be unsatisfactory, or perfonned in violafion of federal, state or loral law, ordinance, iule or regulation. N. 'I"HRMS OF CONTRACI' This contract shall be effectiue on Julv 1 1494 , or upon the date that the final required signatuce is obtained by the STATE, pursuant to Minn. Stat. § 16C.05, Subd. 2, whichever occu� later, and shall remain in effect until June 30 �001, or until all obligations set forth in this contract have been satisfaetorily fulfilled, whichever occurs fust V. CANCELLATION Ttiis contcact may be cancelled by the STAT'E or the Commissioner of Administration, or by the CON'I'RACTOR at any time with or without cause, upon fliirty (30) days written notice to the otherparry. In the event of such a cancellation, CONTRACTOR shall be entitled to pa}�neni, determined on a pro rata basis, for «rork or seroices saflsfactorily performed. VI. STATE'S AUTHORIZED REPRESENTATIVE The STATE'S Authorized Representative for the puiposes of adnunistration of this contract is Ed Leier or his successor in oft'ice . The CONTRACTOR'S Authorized Represemative for the puiposes of administrarion of this contract is S.�t McAlQine/ St. Paul Police Dep.artment . Each Authorized Representative shall have final authority for acceptance of CONTRACTOR' S seivices and if such sen%ices are accepted as sarisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. VII. ASSIGNMENT CONTRACTOR shall neither assign nbr transfer any rights or obligafions under this contract without the prior written consent of ihe STATE. VIII. AMENDMENTS Any amendments to this contract shatl be in wri5ng, and shall be executed by the same parties who executed the original contrad, or their successors in office. IX. LIABILITY Each parry will be responsible for their own acts and behavior and the results thereof. CONIRACTOR'C liability is govemed by ihe Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The STATE'S ]iability is governed pursuant to the provisions of Minnesota Statutes, Chapter 176.192, and Chapter 3.732, Subd 1., paragraph (2), during operations authorized under Secdon 299C.063 operating outside their geographic jurisdic6on. CONTRACTOR'S Bomb Disposal Unit Employees operafing outside their geographic jurisdicfion aze employees of the Department of Public Safety when disposing of or neuhalizing bombs or other similar hazazdous explosives, as defined in Section 299C.063. Coverage is initiated once the bomb squad unit is acrivated and outside its geographic jurisdiction forpurposes of this chapter 299C.063, for another municipality or otherwise outside the jurisdiction of the employer-municipaliry but within the state. This clause shall not be construed to baz any legal remedies CON'IRACTOR may have for the STATE'S failure to fulfill its obligations pursuant to this conffact. CONTRACTOR's geographic jurisdiIXion is defined on Attachznent A., hereby incorporated by reference and made a part of this conh X STATE AUDITS The books, records, documents, and accounting procedures and practices of ihe CONTRACTOR relevant to this con4act sha11 be subj ect to examination by the contracting department and the Legislative Auditor for a minimum of six years from the end date of this Contract. XI. DATA PRACTICES ACT The CONTRACTOR shall comply with the Minnesota Data Pracuces Act as it applies to all data provided by the STATE in accordance with this conhact and as it applies to all data created, gathered, generated or acquired in accordance with this contract. XII. PUBLICITY Any publicity given to the program, publications, or sen�ices provided resulting from this contract, includ'uig, but not limited to, notices, informaflonal pamphlets, press releases, reseazch, reports, signs, and similazpublic notices prepared b}� or for the CONTRACTOR or its emplopees individually or jointly with others, or any subcontracmrs shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in this contract prior to its approval UY the STAT'E'S Authorized Representative. CD00032-06 (OG-22-96) Joint Powen A�eement (DPS-Bomb Suvads - Sc PauD (ADMM 10517 3 0.q-'l�ts XIII. WORKERS' COMPEI3SATION CONTRACTOR certifies that it has complied �vith the workers' compensation insurance coverage requirement of Muui. Stat. Section 176.181, subd. 2. Except, in accord2nce with psovisions of Minnesota Statute 176.192 Bomb Disposal Unit Employees: For puiposes of this chapter, a member of a bomb disposal unit approved by the commissioner of public safety and employed by a municipality defined in section 466.01, is considered an employee of the department of public safery solely for the purposes of this chapter when disposing of or neuhalizing bombs or other similar hazardous e�losives, as defined in section 299C.063, for another municipality or otherwise outside the jurisdiction of the employer-municipaliry but �vithin the state. CONTRACTOR's geo�'aphic jurisdiction is defined on Attachment A., hereby incoiporated by reference and made a part of this contract. XIV. OTHER PROVISIONS (Attach additional pages as necessary): IN WITNESS WHEREOF, the pazties have caused tl�is contract to be duly executed imending to be bound thereby. APPROVED: 1. CO RACTi Conhactot rtifi< the convact on articles, by-laws, i By TiUe: Datz By Title Date R (Govert�mental Entity): that the appropriate person(s) have executed If of the conVactor as required by applicable M�ulions. or ordinances. uli � � ca�l' ��� s;� n r�'w�'e. - 2. STATE AGENCY: By (authorized signamre) Title Date s to fonn and execu[ion . ATTORNEY GENERAL: By (authorized signature) Date 4. COMMISSIONER OF By (authorized signaNre) Date CO00032-06(0422-96) IointPoweezAgeemzvt �DP,S-B bSaiade-StPaill (ADMM 105t�) 4 Description of CON'TRACTOR'S Geogcaphic Jurisdiction CONTRACi'OR'S (City of St Paul) geographic jurisdiction is descn�bed as follows: q9 -'143 Attachtnent A. For purposes of this agreement, CONTRACTOR's normal geographic jurisdiction is the corporate city limits of the City of St. Paul. J6 (04d2-96) JointPowrssAgreement (DPS-BOnbSU�d%-StPouD 1051)) 5 ORiGiNAi. RESOLUTION ?,SAINT PAUL, NIINNESOTA Presented By: Referred To: Council File # Green Sheet # q4-'1 �45 09682 �a Committee:Date: 1 RESOLVED, That the proper city officials hereby authorize the City of Saint Paul Police 2 Department to enter into a joint powers agreement with the Minnesota Department of Pu61ic Safety 3 for reimbursement of ordnaace disposai services rendered by the 5aint Paul Police Departmeat 4 Ordnance Disposal Unit, and 5 b BE IT FLiRTHER RESOLVED, thaY William Finney, Saint Paul Police Chief, is authorized to 7 esecute the a�eement on behalf of the City of Saint Paul. 8 4 10 I1 12 13 14 15 16 17 18 19 za ai za 23 24 25 26 27 28 29 30 31 32 33 Adopted by Council: Date: _ Adoption ertified by Councit By: �- . _ Approved by Mayor: D� By: odustate-99 �l (�l�l'/ DEPARTMEMtlOFFICE(COUNCIL DA7EINITIq7EA Ijolice � 7/7/99 GREEN SHEET No. 09682 TACT P 8 P ONE INrtIAUDA7E tNmAUDA7E ChiefFinney 292-3588 1 mnn,�xarmeECron7 q� A ca�. { �s MU57 BE ON COUNCIL AGENDA BY �DA'f� � ^, ^ t �q �• I L �Ilt'il'lONN�Y� �CIER[ 4.�� � pnw�w.w�SpNKESOW.� �RWICULLSFRV/ACCTC f..�� A � r wwWR{CRl1Sffi�AMI�J/ �., � yuwnNfliT3 L.� �TM V i TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnorr r�nuESreo Signatures requested on the attached council resolution, authorizing the St. Paul Police Department to enter into a joint powers agreement with the State of Minnesota for reimbursement for ordnance disposal seivices for the periad from July 1, 1999 tLrough June 30, 2001. RECOMMENDATWN Approve (A) or Rejeet (Rj PE[iSONpISERY10EfANSRACTS MUST ANSWER THE f-0LL�WING QUESTWNS: 1. Has this perso�rtn everworked under a co�rtract for this depaAmeM? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this perso�rm ever been a city employee? � CIVIL SERVICE COMMISSION YES No 3. Dces this persoNfi�n possess a sltlll not nortnally possessed by any curtent cRy employee? VES NO 4. Is this persoNfirm a targeted venduR YES NO E�lain all yes answers an separate sheet and atlach ta green sheet INITIATING PR08LEM ISSUE, OPPORTUNITY (WHO, WHAT, WFIEN, WHERE, WNY) The State of Minuesota will reimburse the Ciry of Saint Paul $150 per ho� for ordnance disposal setvices. ADVANTAGESIFAPPROVED The State of Minnesota has authorized legislation for ordnance disposal services throughout the state. �.;"`�^�: r'�.��_-�. DISADVANTAGES IF APPROVED tvi�%.. I � !��J None apparent ' �� DISADVANTAGES IF NOT APPROVED �:., . � * t �• ° �`^'` ' `" �`� ``° �°'s The State of Minnesota will not reimburse the City of Saint Paul for ordnance disposal services. TOTAL AMOUNT OF TRANSACTION $ COSflREVENUE BUWEfED (CIRCLE ONE) YES NO Cou;��! �assarc� Cen�er FUNDING SOURCE Minnesota Department of Public Safety ACTIVITY NUM6ER � FINANCULLINFOWNATION(EXPW(� JUL 2 '� 19�,9 ag -��s STATE OF NIINNESOTA JOINT POWERS AGREEMENT Accounting Information: P07 $27,900.00 a `: 2D80 uo,ea coae: 2D80 $13,950.00 ' ° '" °'n"` $13,950.00 Requisifion: Number@ate(�ntry Inifiats Solicitation: $13,950.00 Number/Date/Entry Initials Conffact: Order: NumberNate/Entry Inifials Number/Date/Signatures [IndividuaI signing certifies that funds have been encumbered as requued lry Minn Stat § 16A15 and 16C.OS.J THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto, (hereinafter "contract") is between the State of Minnesota, acting through iis Department of Public Safetv (hereinafter "STATE"), which is empowered to enter into joint po�vers agreements pursuant to Minn. Stat § 471.59, Subd. 10, and Minn. Stat. § 299C.063, Subd. 3, wluch is empowered to enter imo agreements with bomb disposal units, and Citv of St PauUSt. Paul Police Department, address 100 East l lth Sffeet St Paul . Minnesota 55101 (hereinafrer "CON"I'RAG TOR"), who are empowezed to enter into joint powers agreements pursuant to Mimi_ Stat. § 471.59, Subd. 10; and WAEREAS anoro�riated funding haa become available to xeunburse STATE aporovetl bomb sauads units for exoense reimbursement as uer Minnesota Statute 299C.063: and 4VHEREA5, CON"I'RACTOR represents that it is duly qualified and willing to perfornt the seroices set forth herein. 200Q & 2Q01 CD00032-06 (04-22-96) IointPOweaAgreanrnt (DPSB bSavada-Sf Yad1 1 (ADMIN 1011�) Processing Information: (Some emries may not apply) NOW, THEREFOI2E, it is agreed: �q -��lS Defuritions: The terms used in this Ageement have the meuiings given them in Minnesota Statute 299C.063, Subdivision 1. (a) `Bomb disposal unit' means a commissioner-approved unit consisting of pe�ons who aze trained and equipped to dispose of or neu4alize bombs or other similaz hazardous explosives and who are employed by a municipalit�•. (b) "Commissioner" means the commissioner of public safery. (c) "Municipality" has the meaning given it in section 466.01. (d} "Hazardous explosives" means explosives as defined in section 299F.72, subdivision 2, explosi��e devices and incendiary de�ices as defined in section 609.668, subdivision 1, and all materials subject to regulation under United States Code, rifle 18, chapter 40. I. CONTRACTOR'S DU'I'fES (Attach additional page if necessary which is incoiporated by reference and made a pazt of this agreement.) CONTRACTOR shall: A. CONTRACTOR is an approved bomb disposal unit, and shall provide bomb squad unit services outside of its geographic jurisdicflon for another municipality or othenvise outside the jurisd'action of the employer-municipality but within the state. B. CON'i'RACTOR shall only invoice the STATE for expenses incurred while providing bomb disposal unit services outside its geographic jurisdicfion for another municipaliry or otherwise outside the jurisdiction of the employer-municipality but within the state. Also, expenses incuered and invoiced to the STATE will be set ai a flat rate of $150.00 per hour. Should CONTRACTOR have a conriact with an other entity other then the STATE for these services, CONTRACTOR will not invoice the STATE for services covered by that contract. C. The set flat rate of $150.00 per hour for eapense reimbursement to the CONTRACTOR is inclusive of the bomb sguad unit and all services provided. D. CONTRACTOR shall provide reports to the STATE's Authorized Representalive at least qiaarterly, but not more oRen than monthly. Reports must include a brief outline of services provided and costs incurred. This report must be submitted to the STATE's Authorized Representative with invoice for eapense reimbursement. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all secvices performed by CONTRACTOR pursuant to this contract shall be paid by the STA7B as follows: 1. CONTRACTOR shall be reimbursed at a flat rate of $150.00 per hour. This flat rate is inclusive of the Bomb squad unit and seivices provided. 2. Reimbursement is limited to the extent of appropriated funds. The total obligation of the STATE for all eapense reimbursement to the CONTRACTOR incurred under Clause I of this contract shall not exceed Thirteen Thousand Nine Hundred Fifry dollars and no/cems ($I3.950.001 from, July 1, 1999, through, June 30, 2000; and an additional Thirteen Thousand Nine Aundred Fifiv dollars and no(cents ($139�OAQ) from, July 1, 200G, through, June 3Q 2001. Funds not eapended by the CONTRACTOR during the first year of this contract may be expended in the second year of the contract, thereby increasing the total dollar amount that may be expended during the second year of the contract. B. Terms of Payment Payments shall be made by the STATE prompUy after CONTRACTOR'S presentation of invoices for sen�ices performed and acceptance of such seivices by the STA7'E'S authorized representafive pursuam to Clause VI. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: Invoices shall be filed in arrears a[ least quarterly, but not more often than monthly and within 30 days of the period covered by the invoice for work performed. Final invoice shall be received no later than August 31, 2001. III. CONDITTONS OF PAYMENT All services provided by CON'IRACTOR pursuant to this conffact shall be performed to the CD00032-06 (Od-22-96) 1omtPowusAgaement (DPS-BmnbSU�ads-St PeuO (ADMIN 1051�) 2 �lq -�'� S safisfaetion of the STAT'E, as determined at the sole discrelion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, mles and regulations. CONTRACTOR shall not zeceive payment for work found by the STAT'E to be unsatisfactory, or perfonned in violafion of federal, state or loral law, ordinance, iule or regulation. N. 'I"HRMS OF CONTRACI' This contract shall be effectiue on Julv 1 1494 , or upon the date that the final required signatuce is obtained by the STATE, pursuant to Minn. Stat. § 16C.05, Subd. 2, whichever occu� later, and shall remain in effect until June 30 �001, or until all obligations set forth in this contract have been satisfaetorily fulfilled, whichever occurs fust V. CANCELLATION Ttiis contcact may be cancelled by the STAT'E or the Commissioner of Administration, or by the CON'I'RACTOR at any time with or without cause, upon fliirty (30) days written notice to the otherparry. In the event of such a cancellation, CONTRACTOR shall be entitled to pa}�neni, determined on a pro rata basis, for «rork or seroices saflsfactorily performed. VI. STATE'S AUTHORIZED REPRESENTATIVE The STATE'S Authorized Representative for the puiposes of adnunistration of this contract is Ed Leier or his successor in oft'ice . The CONTRACTOR'S Authorized Represemative for the puiposes of administrarion of this contract is S.�t McAlQine/ St. Paul Police Dep.artment . Each Authorized Representative shall have final authority for acceptance of CONTRACTOR' S seivices and if such sen%ices are accepted as sarisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. VII. ASSIGNMENT CONTRACTOR shall neither assign nbr transfer any rights or obligafions under this contract without the prior written consent of ihe STATE. VIII. AMENDMENTS Any amendments to this contract shatl be in wri5ng, and shall be executed by the same parties who executed the original contrad, or their successors in office. IX. LIABILITY Each parry will be responsible for their own acts and behavior and the results thereof. CONIRACTOR'C liability is govemed by ihe Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The STATE'S ]iability is governed pursuant to the provisions of Minnesota Statutes, Chapter 176.192, and Chapter 3.732, Subd 1., paragraph (2), during operations authorized under Secdon 299C.063 operating outside their geographic jurisdic6on. CONTRACTOR'S Bomb Disposal Unit Employees operafing outside their geographic jurisdicfion aze employees of the Department of Public Safety when disposing of or neuhalizing bombs or other similar hazazdous explosives, as defined in Section 299C.063. Coverage is initiated once the bomb squad unit is acrivated and outside its geographic jurisdiction forpurposes of this chapter 299C.063, for another municipality or otherwise outside the jurisdiction of the employer-municipaliry but within the state. This clause shall not be construed to baz any legal remedies CON'IRACTOR may have for the STATE'S failure to fulfill its obligations pursuant to this conffact. CONTRACTOR's geographic jurisdiIXion is defined on Attachznent A., hereby incorporated by reference and made a part of this conh X STATE AUDITS The books, records, documents, and accounting procedures and practices of ihe CONTRACTOR relevant to this con4act sha11 be subj ect to examination by the contracting department and the Legislative Auditor for a minimum of six years from the end date of this Contract. XI. DATA PRACTICES ACT The CONTRACTOR shall comply with the Minnesota Data Pracuces Act as it applies to all data provided by the STATE in accordance with this conhact and as it applies to all data created, gathered, generated or acquired in accordance with this contract. XII. PUBLICITY Any publicity given to the program, publications, or sen�ices provided resulting from this contract, includ'uig, but not limited to, notices, informaflonal pamphlets, press releases, reseazch, reports, signs, and similazpublic notices prepared b}� or for the CONTRACTOR or its emplopees individually or jointly with others, or any subcontracmrs shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in this contract prior to its approval UY the STAT'E'S Authorized Representative. CD00032-06 (OG-22-96) Joint Powen A�eement (DPS-Bomb Suvads - Sc PauD (ADMM 10517 3 0.q-'l�ts XIII. WORKERS' COMPEI3SATION CONTRACTOR certifies that it has complied �vith the workers' compensation insurance coverage requirement of Muui. Stat. Section 176.181, subd. 2. Except, in accord2nce with psovisions of Minnesota Statute 176.192 Bomb Disposal Unit Employees: For puiposes of this chapter, a member of a bomb disposal unit approved by the commissioner of public safety and employed by a municipality defined in section 466.01, is considered an employee of the department of public safery solely for the purposes of this chapter when disposing of or neuhalizing bombs or other similar hazardous e�losives, as defined in section 299C.063, for another municipality or otherwise outside the jurisdiction of the employer-municipaliry but �vithin the state. CONTRACTOR's geo�'aphic jurisdiction is defined on Attachment A., hereby incoiporated by reference and made a part of this contract. XIV. OTHER PROVISIONS (Attach additional pages as necessary): IN WITNESS WHEREOF, the pazties have caused tl�is contract to be duly executed imending to be bound thereby. APPROVED: 1. CO RACTi Conhactot rtifi< the convact on articles, by-laws, i By TiUe: Datz By Title Date R (Govert�mental Entity): that the appropriate person(s) have executed If of the conVactor as required by applicable M�ulions. or ordinances. uli � � ca�l' ��� s;� n r�'w�'e. - 2. STATE AGENCY: By (authorized signamre) Title Date s to fonn and execu[ion . ATTORNEY GENERAL: By (authorized signature) Date 4. COMMISSIONER OF By (authorized signaNre) Date CO00032-06(0422-96) IointPoweezAgeemzvt �DP,S-B bSaiade-StPaill (ADMM 105t�) 4 Description of CON'TRACTOR'S Geogcaphic Jurisdiction CONTRACi'OR'S (City of St Paul) geographic jurisdiction is descn�bed as follows: q9 -'143 Attachtnent A. For purposes of this agreement, CONTRACTOR's normal geographic jurisdiction is the corporate city limits of the City of St. Paul. J6 (04d2-96) JointPowrssAgreement (DPS-BOnbSU�d%-StPouD 1051)) 5