00-418ORiG1NAL
Return Copy 70:
Police Dept. Accounting
A
Presented By:
Referred To:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Z9
wniy�es, tne �amt ram rouce Leparm�ent nas enterea mco an a€
services at the Summit University Weed and Seed program site from
�s
CouncilFile# OO �y��
Green Sheet #
Committee:Dafe:
with Merrick Community Services to
1, 2000 through December 31, 2000.
WHEREAS, Merrick Community Services will reimburse the Saint Paul Police Department S28,OOQ fur police avert'sme at the
Summit University program site; and
WI{EBEAS, police services provided to the Summit University Weed and Seed site and reimbursed by Merrick Community
Services are not included in the Police Department's 2000 budget; and
WHEREAS, The Mayor pursuant to Section 10.071 of the Charter of the City of Saint Paul, does certify that there are available
for appropriation funds of $28,000 an excess of those estimated in the 2000 budget; and
WI�IEREAS, The Mayor recommends that the following addition be made to the 2000 budget:
Ci3RRENT
FINANCINGPLAN: BiSDGET CHANGES
001-Genera] Fund
04100-Operarions
4301-40095-Normal Acrivity Services 0 28,000
SPENDING PLAN:
001-Genzral Fund
Oa100-Operahons
0141-Overtime
Q439-Fringe Benefits
902,032 24,530 92C,562
6,494,278 3,470 C,497 748
30 ,396,3 0 25,�00 ,424,310
31
32
33
34 THEREFORE BE IT RESOL'l'ED, That the City Council approves these changes to the 2000 budget.
Requested by Department of:
Adoption CertiTied by Council
BY� ��� _ a- , }
Approved by May�or:Date:
�y: ?r�i
AMENDED
SUDGET
28,000
0 28,000 28,000
Poli e
By: �
Ap �1 Recomm ed by Rinancia! Ser �' s Director:
Bv: m �
Form ved by City Attorne :
s �
Approv y � or for Sub ' ion to Co ncil:
By' �'/h"'i
Merrick Community Serv,CR.2000.x1s
Adopted by Council:Date: �5�, _ "� _ _�c,`<
L � Y
DEPIRTMENPOFFICE/COUNGIL DATE W171ATED
Police 0410512000 GREEN SHEET No. 100677
CON A T PERSON 8 HONE iNfiIAVDATE MmAVOnTE
Williant F]IIIiCy 292 � �EPA0.SM£NT WRECTOR 5 c�rrcounni
MUST BE Oi3 COUNCIL AGENDA BY (DATE)
� u �rnxATTORNEY • ❑CfIYLIERK oO -�,�
4... I�
- �FYNNCIALSERNCESOIft._ �FWFNC4LLSERYlACCTG
�MqYOR (Oq A595TANl� 1� � ❑fNMqN RIGHTS
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED
Approval of the attached council resolufion authorizing the Saint Paul Police Deparhnent to esiablish a spending and
financing plan for police services provided at the Sumnut University Weed and Seed progzam site from January 1, 2000
through December 31, 2000.
RECOMMENDATION AppfOVe (A) oI RejecY (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE POLLOWING QUESiIONS:
7. Has this persoNfirm ever worked under a contract for this department?
PLANNING COMMISSION YES NO
CI6 COMMITfEE 2. Has this persoNfirm ever been a city employee?
CNIL SERVIGE COMMISSION YES No
3 Does th5 personlf�rm poSSESS a sk�ll not normally possessed by any current aty employee�
YES NO
4. Is this person7ficm a targeted vendoi�
YES NO
Exp{ain all yes answers on separate sheel and attach �o green shee�
lNIT1ATIfJG PROBIEM ISSUE, OPPORTUNITY (WHO, WHAT, WNEN, WHERE, WNY)
The Saint Paul Police Deparfinent will provide police services at the Summit University Weed and Seed program site that will be
reimbursed by Merrick Community Center. There is no spending or financing plan in the Saint Paul Police Department's 200U
budget for these seroices
ADVANTAGESIFAPPROVED
The Saint Paul Police Department will be able to provide services for Ihe Weed and Seed program at the Summ�t
University Site.
�
DISADVANTAGESIFAPPROVED
, r ,,
None. �- .. -
n j�
f=` �
r
DISADVANTAGES IF NOT APPROVED ��`" u � �
I
Loss of opportunity to work u+ith Merrick Commumry Seroices on the Summit Umversity Weed and Seed program. �
G�s.�1 R�s��r�;� �R�?er �
F-:�:�
.,. :� � a. �
TOTAL A;vlOUNT OF TRAMSACTI4P7 $ 2H COSTlREVENUE BUDGETED (CIRCLE �NE) YES NO
FUNDING SOURCE - MBTLICIC COIriIIi11ri1Y}' SCI'V1CBS ACTIVITY NUMBER 04100
FINANCIAL INFORMATION (EXPLAIM
t
0 0 _ �l�fr
suBCO?vT�c �
"?HIS SUBCONT2�ACT is entered into this 1�` day of 3��nuar�, 2000, by and between Me_�;ick
Community Services, a Ynnzsota nonprofit corporation (`iVlerrick") and the St. Paul Police
Department.
RECITALS
A. IVierrick, acting as the fiscal agent for the Summit-University Weed & Seed program,
sha?I enter into a Conrract with the Subcontractor.
B. The purpose of the Weed & Seed Contract, is to have Merr;ck enter into a Contract
with the Subconhactor to provide police overtime to the Summit-University area.
C. In order to carry out its obligations under the Weed & Seed Contract, Merrick desires
to engage the seivices of the Subconiractor, and the Subcontractor desires to provide such
services p�:rsuan± to t�e te: an� oonditions set Sorth herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set
foxth herein, the parties hereby agree as follows:
1. Services. During the term of this Subcontract, the Subcontractar a.grees to provide
project coordination of Police Department Issues, and any related seivices, above and beyond the
regular scope of duty, to the Summit-University Weed & Seed site, as recognized and defined in
the graxit awarded by the State of Minnesota.
Such services sha11 include, but not limited to; attendance at Steering Committee
m��tings, whenever possible, safficient staff andfor avertime hours to increase Police pxesence,
good faith efforts toward strengthened policelcommunity relations, and works toward improved
community quality of life, as permitted by funds allowed. The Subcontractor shall consult with
or report to the Weed & Seed Coordinator andlor members of the Steering Committee as needed
io ensure iorwa�d progress ci the V�ced & See� s>atagy.
2. Pa vment a nd Reimbursement. In exchange for the Services to be performed
hereunder by the Subcontractor, Merrick shall pay the Subcontractar a masimum of 528,000 on a
reimbuxsable basis. Such payments shall be accepted by the Subcontractor as payment in full for
the Services. AII payments are conditional �ipon compliance by the Subcontractor in accoxdance
�vith Mimi. Stat. �245.487 to 245.4888 and all other applicable laws, rules and standards.
3. Books and Records. The Subcontractor agrees to maintain books, records, documents
and other evidence of this Subcontract in the manner prescribed from time to time by Merrick or
00 -y�p�
the Weed & Seed program. The Subcontractor shall provide access to such books and reco:ds
from time to time as reasonably requested by Merrick or the Weed & Seed progranl.
�:, Terms. The terms ei the Subcon�ract shali be for the period January 1, 2000 to
December 31, 2000 provided that either the Subcontractor or Merrick may terminate this Con7aci
cpon �harty (30) days notice to the other party, and pro�iden iurther t�'�at this Subcontractor sha' i
temiinate im.niediate'.y azzd without no:ice in the event the Weed & Seed Coat�act witn �errick ;s
tei7ninated.
5. Representations and Warranties of the Subcontractor.
(a) Compliance wiYh La�us� Licensure. The Subcontractor agrees to comply with all
federal, state, county and locai laws, regulations, ordinances, rules and certifications as
pertaining to the facilities, programs, and staff for which the Snbcontractor is responsible
during the term of this Contract. This will include, but not be limited to, current health,
fire marshall and progranl licenses, zoning standards, staff certification requirements, and
all other applicable laws, regulations, ordinances, niles, and certifications which are
effective or will become effective during the term of this Contract. Any failure of the
Subcontractor to comply with the requiremenfs of this parzgraph 5(a) shall constitute
cause far caneellation of tl�is Contract by ivierrick. Not withstanding any other pxovision
of this Contract, such cancellation may be effective, in the sole discretion of Merrick, as
of the date of such failure.
(b) Compliance with Contract. The Subcontractor agrees to comply wzth all of the
provisions of the Weed & Seed Contract, inciuding, without limitation, the provisions
relating (I) to an annuai certified audit contained in Section III.H, (ii) Yo statutory and
organizational requirements contained 'ui Section N, and (iii) to equal employment upon
family and civil rights contained in Section V.
6. Indepandent Contraetor Status. Tt is agreed that nothina contained in this Contract is
intended ar should be construed as creating the relationship of co-partners, soint venturers, or �n
association with Merrick and the Subcontractor. The Subcontractor is an independent contractar
and neither it, its employees, agents nor representatives shall be considered employees, agents or
representatives of Merrick. Except as other wise provided herein, the Subcontractor shali
r,�aintain in all respects ine persor�riel by whscl� inis �:ontzact is perfozmed. From any amounts
due the Subcontractor, there will be no deductions for federal income taY or FICA payments, or
for any state income tax, nor for any other purposes which are associated with an employer-
employee relationship unless required by law. Payment of federal income tax, FICA payments,
and state income tax are the responsibility of the Subcontractor.
7. Indemnification Merrick. Except when caused by the negligence of Merrick, the
Subcontractor agrees to defend, indemni£y, and hold harmless Merrick, its directors, officers,
employees, and agents against any and all liabilities, losses, damages, costs, and ex�enses,
including attorney's fees, which Merrick may sustain, incur or be required to pay by reason of
oo
any act or omission of the Subcontractor, its a�ents, directors, officers, or employees during the
perfomZance under this Contract.
°. Insurance. The Snbcontsactor agrees that to protect itse':f as ��ell as �2errick and the
Weed & Seed prob am under the indemnification clause in this Contract, it will at ail times
du=ing the te�zns of this Contract have and keep in _`orce the following insu:ance all oi which
sha?I name Nl en�ick and the t�i �ed cc Seed p:ogram as an additional ir_snred:
(a) General Liability Ir:surance.
Commercia] General �iability Insurance
(ISO CGL form)
Minimum Limits:
$ 750,000 each event limit
$1,000,000 general aggregate
$i,Q00,OQ0 products/completed operatlons total limit
$ 750,000 personal injuzy & advertising liability
The policy is to be written on an occurrence basis or as acceptable to the Weed & Seed program.
Certificates of Insurance must indicate if the policy is issued on a claims-made ar occurrence
basis and if coverage is provided for X, C, U hazards if applicable.
The Weed & Seed pxogram, its officials and employees shall be added as additional insured with
a cross liabilityJcross suits clause for the protection of the Weed and Seed program.
(b) Automobile Liability Insurance.
Minimum Limits: $750,000 Combined Single Limit
Coverage shall include: hired, non-owned and owned auto
(c) Worke:'s Compensatior. & Employer's Liabiliry
S�or�er's Comper_satio: : par i1IN S*a�e Stahzte
Employer's Liability Minimum Limits:
$500,000 per accident; �500,000 per employee;
$500,000 per disease policy limit
Other States Coverage
(d) Professional Liability Insurance (if applicabie)
oo_ytr
Minimum Limits:
$ 75C�,000 per claim
�1,000,000 agb egate
(e) Fideliry bond (covering employees having access to money) in a total amount
of �50,000 (if appl:cable}.
(� Certificate shall specifically i�-�dicate if policy is written with an admitted or
non-admitted carrier. Bests' rating for the insurer shall be noted on the certificate, and
shalt bot be tess than a B+.
(g) �11 certi�acates of insurance shall provide tl�at the insurance company give
Merrick and the Weed & Seed program thirty (30) days prior written notice of
cancellation, non-renewal or any material chan�es in the po:icy.
(h) Paragraphs (a) through (e) establish minimum insurance requirements, and it
is the sole responsibility of the Subcontractor to purchase and maintain additional
insurance that may be necessary in connection with this Agreement.
(i) The �nbconYractor shall not commence wark until the Subcontractor has
obt2ined required insurance and filed an acceptable certificate of insurance with Merrick.
Copies of insurance policies shali be submitted to the Weed & Seed prograrm upon
request.
(j) Nothing in this Subcontract shall eonstitute a waiver by Merriek of
any statutory limits or excepfions on liability.
(k) On certificate, insurance agent sha11 certify whether or not he(she has errors
and omissions coverage.
The SuUconh agrees to provide Merrick with certificates of insurance.•
Confidentialitv.
(aj ii�e par�.�s ac?;nowledge t�:at cez'tai: co..�:dential i,�`��.Tr:ation �..zy be transmitted
or disclosed by the parties to each other in connection with their performance under this
Contract. For purposes of this Contract, "confidential information" includes financial
information, patient records and accounts, tracie secrets, and all other information
designated by the Weed & Seed prob am, Merrick or the Subcontractor (and
communicated to the other parties) as confidential. Generic knowiedge or information
publicly known that is generally employed by the trade shall not be deemed part of the
confidential information.
(b) The parties shall not, at any time, directly or indirectly, use, copy, reveal, xeport,
oo-�t��'
i0
memariaiize, publish, duplicate or otherwise disclose to any third p�rty in any �vay
w�hatsoever any confidential information without the written consent of the other party,
w�hich consent shall be exercised in the sole discretion of such party. The parties shali
receive, ma;ntain and use the conf denriai information in the strictest of confidence ann
uae best efforts to keep the confidenrial information stricdy confidentizl and to prevent
discios�ire thereof.
Miscellaneous.
(z) F. ssi�nment. The rights, interest and obligations of the Subcontractar under the
provisions of this Contract shall not be assignable withouY the prior written consent oi
h4eirick.
(b) Notices. Any notice or other communication required or permitted to be
given or served upon any of the parties under this Contract shall be sufficiently delivered,
given or served if delivered personally to such party as set forth below or at such other
address as such party shall designate, by giving written notice to fhe other parties as
follows:
In case of notice io Merrick:
In case of notice to the Subeontractor:
Merrick Community Services
71 � Edgerton Street
St. Paul, Minnesota 55101
Attention: Francis Ivory
5t. Paul Poliee Department
100 E. ll` Street
St. Paul, Minnesota 55101
Attention: Azny Brown
(c) Amendments. Any alteration, modification, waiver or amendment of the
provisions of this Conk'act shall be vaiid only when reduced to writing as an amendment and
signed by both parties.
(d) No Waiver. Failure of either party hereto to enforce any term or provision of
this Coniraci snait not be constraed as a waiver of such te�rn o: prcvis�on ar of the z�ght to
enforce such term ox provision.
(e) Entire Aseement; Severabilitv. It is understood and agreed that the entire
Contract of the parties is contained herein and that this Contract supersedes all oral agreements
and negotiations between the parties �elating to this subject matter as weil as any previous
Contracts of the parties presently in effect relating to the subject matter kereo£ The provisions
of this Contract are several. If any paragraph, section, subdivision, sentence, clause, or other
provision of this Contract is, for any reason, held to be contrary to any law, rule or regulation,
such decision shall not affect the reinaining provisions of this Contract.
00 - y�r
( fl Construction: Applicable La�i�.
govemed by the laws of the State of Minnesota.
This Contract shall be constructed under and
(g) Countezp��is. This Contract may be executed in severa: counterparts, each of
which shalt be deemed to be an origina�, bu� aii of which s'.^,ai� constitu�e one 2nd ihe sarna
instnzment.
N WITI�TESS �VHEREOF, the parties have executed this Cont.act on the date first abo��e
written.
For tke Gity , _..
A�ra�l as to forni:
Assistant CYty Attc
IIirr�tar, fi� of
�fer�ommunity Services
a Minnesota no fit corporafion
:
St. Paul Police
t�'°r Its rn' f � zx,���
� Q �u �? ��e��r wu �d �� G---�-��' SG►��
�� ��� S�� �
� lc� c��/ ,
ORiG1NAL
Return Copy 70:
Police Dept. Accounting
A
Presented By:
Referred To:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Z9
wniy�es, tne �amt ram rouce Leparm�ent nas enterea mco an a€
services at the Summit University Weed and Seed program site from
�s
CouncilFile# OO �y��
Green Sheet #
Committee:Dafe:
with Merrick Community Services to
1, 2000 through December 31, 2000.
WHEREAS, Merrick Community Services will reimburse the Saint Paul Police Department S28,OOQ fur police avert'sme at the
Summit University program site; and
WI{EBEAS, police services provided to the Summit University Weed and Seed site and reimbursed by Merrick Community
Services are not included in the Police Department's 2000 budget; and
WHEREAS, The Mayor pursuant to Section 10.071 of the Charter of the City of Saint Paul, does certify that there are available
for appropriation funds of $28,000 an excess of those estimated in the 2000 budget; and
WI�IEREAS, The Mayor recommends that the following addition be made to the 2000 budget:
Ci3RRENT
FINANCINGPLAN: BiSDGET CHANGES
001-Genera] Fund
04100-Operarions
4301-40095-Normal Acrivity Services 0 28,000
SPENDING PLAN:
001-Genzral Fund
Oa100-Operahons
0141-Overtime
Q439-Fringe Benefits
902,032 24,530 92C,562
6,494,278 3,470 C,497 748
30 ,396,3 0 25,�00 ,424,310
31
32
33
34 THEREFORE BE IT RESOL'l'ED, That the City Council approves these changes to the 2000 budget.
Requested by Department of:
Adoption CertiTied by Council
BY� ��� _ a- , }
Approved by May�or:Date:
�y: ?r�i
AMENDED
SUDGET
28,000
0 28,000 28,000
Poli e
By: �
Ap �1 Recomm ed by Rinancia! Ser �' s Director:
Bv: m �
Form ved by City Attorne :
s �
Approv y � or for Sub ' ion to Co ncil:
By' �'/h"'i
Merrick Community Serv,CR.2000.x1s
Adopted by Council:Date: �5�, _ "� _ _�c,`<
L � Y
DEPIRTMENPOFFICE/COUNGIL DATE W171ATED
Police 0410512000 GREEN SHEET No. 100677
CON A T PERSON 8 HONE iNfiIAVDATE MmAVOnTE
Williant F]IIIiCy 292 � �EPA0.SM£NT WRECTOR 5 c�rrcounni
MUST BE Oi3 COUNCIL AGENDA BY (DATE)
� u �rnxATTORNEY • ❑CfIYLIERK oO -�,�
4... I�
- �FYNNCIALSERNCESOIft._ �FWFNC4LLSERYlACCTG
�MqYOR (Oq A595TANl� 1� � ❑fNMqN RIGHTS
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED
Approval of the attached council resolufion authorizing the Saint Paul Police Deparhnent to esiablish a spending and
financing plan for police services provided at the Sumnut University Weed and Seed progzam site from January 1, 2000
through December 31, 2000.
RECOMMENDATION AppfOVe (A) oI RejecY (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE POLLOWING QUESiIONS:
7. Has this persoNfirm ever worked under a contract for this department?
PLANNING COMMISSION YES NO
CI6 COMMITfEE 2. Has this persoNfirm ever been a city employee?
CNIL SERVIGE COMMISSION YES No
3 Does th5 personlf�rm poSSESS a sk�ll not normally possessed by any current aty employee�
YES NO
4. Is this person7ficm a targeted vendoi�
YES NO
Exp{ain all yes answers on separate sheel and attach �o green shee�
lNIT1ATIfJG PROBIEM ISSUE, OPPORTUNITY (WHO, WHAT, WNEN, WHERE, WNY)
The Saint Paul Police Deparfinent will provide police services at the Summit University Weed and Seed program site that will be
reimbursed by Merrick Community Center. There is no spending or financing plan in the Saint Paul Police Department's 200U
budget for these seroices
ADVANTAGESIFAPPROVED
The Saint Paul Police Department will be able to provide services for Ihe Weed and Seed program at the Summ�t
University Site.
�
DISADVANTAGESIFAPPROVED
, r ,,
None. �- .. -
n j�
f=` �
r
DISADVANTAGES IF NOT APPROVED ��`" u � �
I
Loss of opportunity to work u+ith Merrick Commumry Seroices on the Summit Umversity Weed and Seed program. �
G�s.�1 R�s��r�;� �R�?er �
F-:�:�
.,. :� � a. �
TOTAL A;vlOUNT OF TRAMSACTI4P7 $ 2H COSTlREVENUE BUDGETED (CIRCLE �NE) YES NO
FUNDING SOURCE - MBTLICIC COIriIIi11ri1Y}' SCI'V1CBS ACTIVITY NUMBER 04100
FINANCIAL INFORMATION (EXPLAIM
t
0 0 _ �l�fr
suBCO?vT�c �
"?HIS SUBCONT2�ACT is entered into this 1�` day of 3��nuar�, 2000, by and between Me_�;ick
Community Services, a Ynnzsota nonprofit corporation (`iVlerrick") and the St. Paul Police
Department.
RECITALS
A. IVierrick, acting as the fiscal agent for the Summit-University Weed & Seed program,
sha?I enter into a Conrract with the Subcontractor.
B. The purpose of the Weed & Seed Contract, is to have Merr;ck enter into a Contract
with the Subconhactor to provide police overtime to the Summit-University area.
C. In order to carry out its obligations under the Weed & Seed Contract, Merrick desires
to engage the seivices of the Subconiractor, and the Subcontractor desires to provide such
services p�:rsuan± to t�e te: an� oonditions set Sorth herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set
foxth herein, the parties hereby agree as follows:
1. Services. During the term of this Subcontract, the Subcontractar a.grees to provide
project coordination of Police Department Issues, and any related seivices, above and beyond the
regular scope of duty, to the Summit-University Weed & Seed site, as recognized and defined in
the graxit awarded by the State of Minnesota.
Such services sha11 include, but not limited to; attendance at Steering Committee
m��tings, whenever possible, safficient staff andfor avertime hours to increase Police pxesence,
good faith efforts toward strengthened policelcommunity relations, and works toward improved
community quality of life, as permitted by funds allowed. The Subcontractor shall consult with
or report to the Weed & Seed Coordinator andlor members of the Steering Committee as needed
io ensure iorwa�d progress ci the V�ced & See� s>atagy.
2. Pa vment a nd Reimbursement. In exchange for the Services to be performed
hereunder by the Subcontractor, Merrick shall pay the Subcontractar a masimum of 528,000 on a
reimbuxsable basis. Such payments shall be accepted by the Subcontractor as payment in full for
the Services. AII payments are conditional �ipon compliance by the Subcontractor in accoxdance
�vith Mimi. Stat. �245.487 to 245.4888 and all other applicable laws, rules and standards.
3. Books and Records. The Subcontractor agrees to maintain books, records, documents
and other evidence of this Subcontract in the manner prescribed from time to time by Merrick or
00 -y�p�
the Weed & Seed program. The Subcontractor shall provide access to such books and reco:ds
from time to time as reasonably requested by Merrick or the Weed & Seed progranl.
�:, Terms. The terms ei the Subcon�ract shali be for the period January 1, 2000 to
December 31, 2000 provided that either the Subcontractor or Merrick may terminate this Con7aci
cpon �harty (30) days notice to the other party, and pro�iden iurther t�'�at this Subcontractor sha' i
temiinate im.niediate'.y azzd without no:ice in the event the Weed & Seed Coat�act witn �errick ;s
tei7ninated.
5. Representations and Warranties of the Subcontractor.
(a) Compliance wiYh La�us� Licensure. The Subcontractor agrees to comply with all
federal, state, county and locai laws, regulations, ordinances, rules and certifications as
pertaining to the facilities, programs, and staff for which the Snbcontractor is responsible
during the term of this Contract. This will include, but not be limited to, current health,
fire marshall and progranl licenses, zoning standards, staff certification requirements, and
all other applicable laws, regulations, ordinances, niles, and certifications which are
effective or will become effective during the term of this Contract. Any failure of the
Subcontractor to comply with the requiremenfs of this parzgraph 5(a) shall constitute
cause far caneellation of tl�is Contract by ivierrick. Not withstanding any other pxovision
of this Contract, such cancellation may be effective, in the sole discretion of Merrick, as
of the date of such failure.
(b) Compliance with Contract. The Subcontractor agrees to comply wzth all of the
provisions of the Weed & Seed Contract, inciuding, without limitation, the provisions
relating (I) to an annuai certified audit contained in Section III.H, (ii) Yo statutory and
organizational requirements contained 'ui Section N, and (iii) to equal employment upon
family and civil rights contained in Section V.
6. Indepandent Contraetor Status. Tt is agreed that nothina contained in this Contract is
intended ar should be construed as creating the relationship of co-partners, soint venturers, or �n
association with Merrick and the Subcontractor. The Subcontractor is an independent contractar
and neither it, its employees, agents nor representatives shall be considered employees, agents or
representatives of Merrick. Except as other wise provided herein, the Subcontractor shali
r,�aintain in all respects ine persor�riel by whscl� inis �:ontzact is perfozmed. From any amounts
due the Subcontractor, there will be no deductions for federal income taY or FICA payments, or
for any state income tax, nor for any other purposes which are associated with an employer-
employee relationship unless required by law. Payment of federal income tax, FICA payments,
and state income tax are the responsibility of the Subcontractor.
7. Indemnification Merrick. Except when caused by the negligence of Merrick, the
Subcontractor agrees to defend, indemni£y, and hold harmless Merrick, its directors, officers,
employees, and agents against any and all liabilities, losses, damages, costs, and ex�enses,
including attorney's fees, which Merrick may sustain, incur or be required to pay by reason of
oo
any act or omission of the Subcontractor, its a�ents, directors, officers, or employees during the
perfomZance under this Contract.
°. Insurance. The Snbcontsactor agrees that to protect itse':f as ��ell as �2errick and the
Weed & Seed prob am under the indemnification clause in this Contract, it will at ail times
du=ing the te�zns of this Contract have and keep in _`orce the following insu:ance all oi which
sha?I name Nl en�ick and the t�i �ed cc Seed p:ogram as an additional ir_snred:
(a) General Liability Ir:surance.
Commercia] General �iability Insurance
(ISO CGL form)
Minimum Limits:
$ 750,000 each event limit
$1,000,000 general aggregate
$i,Q00,OQ0 products/completed operatlons total limit
$ 750,000 personal injuzy & advertising liability
The policy is to be written on an occurrence basis or as acceptable to the Weed & Seed program.
Certificates of Insurance must indicate if the policy is issued on a claims-made ar occurrence
basis and if coverage is provided for X, C, U hazards if applicable.
The Weed & Seed pxogram, its officials and employees shall be added as additional insured with
a cross liabilityJcross suits clause for the protection of the Weed and Seed program.
(b) Automobile Liability Insurance.
Minimum Limits: $750,000 Combined Single Limit
Coverage shall include: hired, non-owned and owned auto
(c) Worke:'s Compensatior. & Employer's Liabiliry
S�or�er's Comper_satio: : par i1IN S*a�e Stahzte
Employer's Liability Minimum Limits:
$500,000 per accident; �500,000 per employee;
$500,000 per disease policy limit
Other States Coverage
(d) Professional Liability Insurance (if applicabie)
oo_ytr
Minimum Limits:
$ 75C�,000 per claim
�1,000,000 agb egate
(e) Fideliry bond (covering employees having access to money) in a total amount
of �50,000 (if appl:cable}.
(� Certificate shall specifically i�-�dicate if policy is written with an admitted or
non-admitted carrier. Bests' rating for the insurer shall be noted on the certificate, and
shalt bot be tess than a B+.
(g) �11 certi�acates of insurance shall provide tl�at the insurance company give
Merrick and the Weed & Seed program thirty (30) days prior written notice of
cancellation, non-renewal or any material chan�es in the po:icy.
(h) Paragraphs (a) through (e) establish minimum insurance requirements, and it
is the sole responsibility of the Subcontractor to purchase and maintain additional
insurance that may be necessary in connection with this Agreement.
(i) The �nbconYractor shall not commence wark until the Subcontractor has
obt2ined required insurance and filed an acceptable certificate of insurance with Merrick.
Copies of insurance policies shali be submitted to the Weed & Seed prograrm upon
request.
(j) Nothing in this Subcontract shall eonstitute a waiver by Merriek of
any statutory limits or excepfions on liability.
(k) On certificate, insurance agent sha11 certify whether or not he(she has errors
and omissions coverage.
The SuUconh agrees to provide Merrick with certificates of insurance.•
Confidentialitv.
(aj ii�e par�.�s ac?;nowledge t�:at cez'tai: co..�:dential i,�`��.Tr:ation �..zy be transmitted
or disclosed by the parties to each other in connection with their performance under this
Contract. For purposes of this Contract, "confidential information" includes financial
information, patient records and accounts, tracie secrets, and all other information
designated by the Weed & Seed prob am, Merrick or the Subcontractor (and
communicated to the other parties) as confidential. Generic knowiedge or information
publicly known that is generally employed by the trade shall not be deemed part of the
confidential information.
(b) The parties shall not, at any time, directly or indirectly, use, copy, reveal, xeport,
oo-�t��'
i0
memariaiize, publish, duplicate or otherwise disclose to any third p�rty in any �vay
w�hatsoever any confidential information without the written consent of the other party,
w�hich consent shall be exercised in the sole discretion of such party. The parties shali
receive, ma;ntain and use the conf denriai information in the strictest of confidence ann
uae best efforts to keep the confidenrial information stricdy confidentizl and to prevent
discios�ire thereof.
Miscellaneous.
(z) F. ssi�nment. The rights, interest and obligations of the Subcontractar under the
provisions of this Contract shall not be assignable withouY the prior written consent oi
h4eirick.
(b) Notices. Any notice or other communication required or permitted to be
given or served upon any of the parties under this Contract shall be sufficiently delivered,
given or served if delivered personally to such party as set forth below or at such other
address as such party shall designate, by giving written notice to fhe other parties as
follows:
In case of notice io Merrick:
In case of notice to the Subeontractor:
Merrick Community Services
71 � Edgerton Street
St. Paul, Minnesota 55101
Attention: Francis Ivory
5t. Paul Poliee Department
100 E. ll` Street
St. Paul, Minnesota 55101
Attention: Azny Brown
(c) Amendments. Any alteration, modification, waiver or amendment of the
provisions of this Conk'act shall be vaiid only when reduced to writing as an amendment and
signed by both parties.
(d) No Waiver. Failure of either party hereto to enforce any term or provision of
this Coniraci snait not be constraed as a waiver of such te�rn o: prcvis�on ar of the z�ght to
enforce such term ox provision.
(e) Entire Aseement; Severabilitv. It is understood and agreed that the entire
Contract of the parties is contained herein and that this Contract supersedes all oral agreements
and negotiations between the parties �elating to this subject matter as weil as any previous
Contracts of the parties presently in effect relating to the subject matter kereo£ The provisions
of this Contract are several. If any paragraph, section, subdivision, sentence, clause, or other
provision of this Contract is, for any reason, held to be contrary to any law, rule or regulation,
such decision shall not affect the reinaining provisions of this Contract.
00 - y�r
( fl Construction: Applicable La�i�.
govemed by the laws of the State of Minnesota.
This Contract shall be constructed under and
(g) Countezp��is. This Contract may be executed in severa: counterparts, each of
which shalt be deemed to be an origina�, bu� aii of which s'.^,ai� constitu�e one 2nd ihe sarna
instnzment.
N WITI�TESS �VHEREOF, the parties have executed this Cont.act on the date first abo��e
written.
For tke Gity , _..
A�ra�l as to forni:
Assistant CYty Attc
IIirr�tar, fi� of
�fer�ommunity Services
a Minnesota no fit corporafion
:
St. Paul Police
t�'°r Its rn' f � zx,���
� Q �u �? ��e��r wu �d �� G---�-��' SG►��
�� ��� S�� �
� lc� c��/ ,
ORiG1NAL
Return Copy 70:
Police Dept. Accounting
A
Presented By:
Referred To:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Z9
wniy�es, tne �amt ram rouce Leparm�ent nas enterea mco an a€
services at the Summit University Weed and Seed program site from
�s
CouncilFile# OO �y��
Green Sheet #
Committee:Dafe:
with Merrick Community Services to
1, 2000 through December 31, 2000.
WHEREAS, Merrick Community Services will reimburse the Saint Paul Police Department S28,OOQ fur police avert'sme at the
Summit University program site; and
WI{EBEAS, police services provided to the Summit University Weed and Seed site and reimbursed by Merrick Community
Services are not included in the Police Department's 2000 budget; and
WHEREAS, The Mayor pursuant to Section 10.071 of the Charter of the City of Saint Paul, does certify that there are available
for appropriation funds of $28,000 an excess of those estimated in the 2000 budget; and
WI�IEREAS, The Mayor recommends that the following addition be made to the 2000 budget:
Ci3RRENT
FINANCINGPLAN: BiSDGET CHANGES
001-Genera] Fund
04100-Operarions
4301-40095-Normal Acrivity Services 0 28,000
SPENDING PLAN:
001-Genzral Fund
Oa100-Operahons
0141-Overtime
Q439-Fringe Benefits
902,032 24,530 92C,562
6,494,278 3,470 C,497 748
30 ,396,3 0 25,�00 ,424,310
31
32
33
34 THEREFORE BE IT RESOL'l'ED, That the City Council approves these changes to the 2000 budget.
Requested by Department of:
Adoption CertiTied by Council
BY� ��� _ a- , }
Approved by May�or:Date:
�y: ?r�i
AMENDED
SUDGET
28,000
0 28,000 28,000
Poli e
By: �
Ap �1 Recomm ed by Rinancia! Ser �' s Director:
Bv: m �
Form ved by City Attorne :
s �
Approv y � or for Sub ' ion to Co ncil:
By' �'/h"'i
Merrick Community Serv,CR.2000.x1s
Adopted by Council:Date: �5�, _ "� _ _�c,`<
L � Y
DEPIRTMENPOFFICE/COUNGIL DATE W171ATED
Police 0410512000 GREEN SHEET No. 100677
CON A T PERSON 8 HONE iNfiIAVDATE MmAVOnTE
Williant F]IIIiCy 292 � �EPA0.SM£NT WRECTOR 5 c�rrcounni
MUST BE Oi3 COUNCIL AGENDA BY (DATE)
� u �rnxATTORNEY • ❑CfIYLIERK oO -�,�
4... I�
- �FYNNCIALSERNCESOIft._ �FWFNC4LLSERYlACCTG
�MqYOR (Oq A595TANl� 1� � ❑fNMqN RIGHTS
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED
Approval of the attached council resolufion authorizing the Saint Paul Police Deparhnent to esiablish a spending and
financing plan for police services provided at the Sumnut University Weed and Seed progzam site from January 1, 2000
through December 31, 2000.
RECOMMENDATION AppfOVe (A) oI RejecY (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE POLLOWING QUESiIONS:
7. Has this persoNfirm ever worked under a contract for this department?
PLANNING COMMISSION YES NO
CI6 COMMITfEE 2. Has this persoNfirm ever been a city employee?
CNIL SERVIGE COMMISSION YES No
3 Does th5 personlf�rm poSSESS a sk�ll not normally possessed by any current aty employee�
YES NO
4. Is this person7ficm a targeted vendoi�
YES NO
Exp{ain all yes answers on separate sheel and attach �o green shee�
lNIT1ATIfJG PROBIEM ISSUE, OPPORTUNITY (WHO, WHAT, WNEN, WHERE, WNY)
The Saint Paul Police Deparfinent will provide police services at the Summit University Weed and Seed program site that will be
reimbursed by Merrick Community Center. There is no spending or financing plan in the Saint Paul Police Department's 200U
budget for these seroices
ADVANTAGESIFAPPROVED
The Saint Paul Police Department will be able to provide services for Ihe Weed and Seed program at the Summ�t
University Site.
�
DISADVANTAGESIFAPPROVED
, r ,,
None. �- .. -
n j�
f=` �
r
DISADVANTAGES IF NOT APPROVED ��`" u � �
I
Loss of opportunity to work u+ith Merrick Commumry Seroices on the Summit Umversity Weed and Seed program. �
G�s.�1 R�s��r�;� �R�?er �
F-:�:�
.,. :� � a. �
TOTAL A;vlOUNT OF TRAMSACTI4P7 $ 2H COSTlREVENUE BUDGETED (CIRCLE �NE) YES NO
FUNDING SOURCE - MBTLICIC COIriIIi11ri1Y}' SCI'V1CBS ACTIVITY NUMBER 04100
FINANCIAL INFORMATION (EXPLAIM
t
0 0 _ �l�fr
suBCO?vT�c �
"?HIS SUBCONT2�ACT is entered into this 1�` day of 3��nuar�, 2000, by and between Me_�;ick
Community Services, a Ynnzsota nonprofit corporation (`iVlerrick") and the St. Paul Police
Department.
RECITALS
A. IVierrick, acting as the fiscal agent for the Summit-University Weed & Seed program,
sha?I enter into a Conrract with the Subcontractor.
B. The purpose of the Weed & Seed Contract, is to have Merr;ck enter into a Contract
with the Subconhactor to provide police overtime to the Summit-University area.
C. In order to carry out its obligations under the Weed & Seed Contract, Merrick desires
to engage the seivices of the Subconiractor, and the Subcontractor desires to provide such
services p�:rsuan± to t�e te: an� oonditions set Sorth herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set
foxth herein, the parties hereby agree as follows:
1. Services. During the term of this Subcontract, the Subcontractar a.grees to provide
project coordination of Police Department Issues, and any related seivices, above and beyond the
regular scope of duty, to the Summit-University Weed & Seed site, as recognized and defined in
the graxit awarded by the State of Minnesota.
Such services sha11 include, but not limited to; attendance at Steering Committee
m��tings, whenever possible, safficient staff andfor avertime hours to increase Police pxesence,
good faith efforts toward strengthened policelcommunity relations, and works toward improved
community quality of life, as permitted by funds allowed. The Subcontractor shall consult with
or report to the Weed & Seed Coordinator andlor members of the Steering Committee as needed
io ensure iorwa�d progress ci the V�ced & See� s>atagy.
2. Pa vment a nd Reimbursement. In exchange for the Services to be performed
hereunder by the Subcontractor, Merrick shall pay the Subcontractar a masimum of 528,000 on a
reimbuxsable basis. Such payments shall be accepted by the Subcontractor as payment in full for
the Services. AII payments are conditional �ipon compliance by the Subcontractor in accoxdance
�vith Mimi. Stat. �245.487 to 245.4888 and all other applicable laws, rules and standards.
3. Books and Records. The Subcontractor agrees to maintain books, records, documents
and other evidence of this Subcontract in the manner prescribed from time to time by Merrick or
00 -y�p�
the Weed & Seed program. The Subcontractor shall provide access to such books and reco:ds
from time to time as reasonably requested by Merrick or the Weed & Seed progranl.
�:, Terms. The terms ei the Subcon�ract shali be for the period January 1, 2000 to
December 31, 2000 provided that either the Subcontractor or Merrick may terminate this Con7aci
cpon �harty (30) days notice to the other party, and pro�iden iurther t�'�at this Subcontractor sha' i
temiinate im.niediate'.y azzd without no:ice in the event the Weed & Seed Coat�act witn �errick ;s
tei7ninated.
5. Representations and Warranties of the Subcontractor.
(a) Compliance wiYh La�us� Licensure. The Subcontractor agrees to comply with all
federal, state, county and locai laws, regulations, ordinances, rules and certifications as
pertaining to the facilities, programs, and staff for which the Snbcontractor is responsible
during the term of this Contract. This will include, but not be limited to, current health,
fire marshall and progranl licenses, zoning standards, staff certification requirements, and
all other applicable laws, regulations, ordinances, niles, and certifications which are
effective or will become effective during the term of this Contract. Any failure of the
Subcontractor to comply with the requiremenfs of this parzgraph 5(a) shall constitute
cause far caneellation of tl�is Contract by ivierrick. Not withstanding any other pxovision
of this Contract, such cancellation may be effective, in the sole discretion of Merrick, as
of the date of such failure.
(b) Compliance with Contract. The Subcontractor agrees to comply wzth all of the
provisions of the Weed & Seed Contract, inciuding, without limitation, the provisions
relating (I) to an annuai certified audit contained in Section III.H, (ii) Yo statutory and
organizational requirements contained 'ui Section N, and (iii) to equal employment upon
family and civil rights contained in Section V.
6. Indepandent Contraetor Status. Tt is agreed that nothina contained in this Contract is
intended ar should be construed as creating the relationship of co-partners, soint venturers, or �n
association with Merrick and the Subcontractor. The Subcontractor is an independent contractar
and neither it, its employees, agents nor representatives shall be considered employees, agents or
representatives of Merrick. Except as other wise provided herein, the Subcontractor shali
r,�aintain in all respects ine persor�riel by whscl� inis �:ontzact is perfozmed. From any amounts
due the Subcontractor, there will be no deductions for federal income taY or FICA payments, or
for any state income tax, nor for any other purposes which are associated with an employer-
employee relationship unless required by law. Payment of federal income tax, FICA payments,
and state income tax are the responsibility of the Subcontractor.
7. Indemnification Merrick. Except when caused by the negligence of Merrick, the
Subcontractor agrees to defend, indemni£y, and hold harmless Merrick, its directors, officers,
employees, and agents against any and all liabilities, losses, damages, costs, and ex�enses,
including attorney's fees, which Merrick may sustain, incur or be required to pay by reason of
oo
any act or omission of the Subcontractor, its a�ents, directors, officers, or employees during the
perfomZance under this Contract.
°. Insurance. The Snbcontsactor agrees that to protect itse':f as ��ell as �2errick and the
Weed & Seed prob am under the indemnification clause in this Contract, it will at ail times
du=ing the te�zns of this Contract have and keep in _`orce the following insu:ance all oi which
sha?I name Nl en�ick and the t�i �ed cc Seed p:ogram as an additional ir_snred:
(a) General Liability Ir:surance.
Commercia] General �iability Insurance
(ISO CGL form)
Minimum Limits:
$ 750,000 each event limit
$1,000,000 general aggregate
$i,Q00,OQ0 products/completed operatlons total limit
$ 750,000 personal injuzy & advertising liability
The policy is to be written on an occurrence basis or as acceptable to the Weed & Seed program.
Certificates of Insurance must indicate if the policy is issued on a claims-made ar occurrence
basis and if coverage is provided for X, C, U hazards if applicable.
The Weed & Seed pxogram, its officials and employees shall be added as additional insured with
a cross liabilityJcross suits clause for the protection of the Weed and Seed program.
(b) Automobile Liability Insurance.
Minimum Limits: $750,000 Combined Single Limit
Coverage shall include: hired, non-owned and owned auto
(c) Worke:'s Compensatior. & Employer's Liabiliry
S�or�er's Comper_satio: : par i1IN S*a�e Stahzte
Employer's Liability Minimum Limits:
$500,000 per accident; �500,000 per employee;
$500,000 per disease policy limit
Other States Coverage
(d) Professional Liability Insurance (if applicabie)
oo_ytr
Minimum Limits:
$ 75C�,000 per claim
�1,000,000 agb egate
(e) Fideliry bond (covering employees having access to money) in a total amount
of �50,000 (if appl:cable}.
(� Certificate shall specifically i�-�dicate if policy is written with an admitted or
non-admitted carrier. Bests' rating for the insurer shall be noted on the certificate, and
shalt bot be tess than a B+.
(g) �11 certi�acates of insurance shall provide tl�at the insurance company give
Merrick and the Weed & Seed program thirty (30) days prior written notice of
cancellation, non-renewal or any material chan�es in the po:icy.
(h) Paragraphs (a) through (e) establish minimum insurance requirements, and it
is the sole responsibility of the Subcontractor to purchase and maintain additional
insurance that may be necessary in connection with this Agreement.
(i) The �nbconYractor shall not commence wark until the Subcontractor has
obt2ined required insurance and filed an acceptable certificate of insurance with Merrick.
Copies of insurance policies shali be submitted to the Weed & Seed prograrm upon
request.
(j) Nothing in this Subcontract shall eonstitute a waiver by Merriek of
any statutory limits or excepfions on liability.
(k) On certificate, insurance agent sha11 certify whether or not he(she has errors
and omissions coverage.
The SuUconh agrees to provide Merrick with certificates of insurance.•
Confidentialitv.
(aj ii�e par�.�s ac?;nowledge t�:at cez'tai: co..�:dential i,�`��.Tr:ation �..zy be transmitted
or disclosed by the parties to each other in connection with their performance under this
Contract. For purposes of this Contract, "confidential information" includes financial
information, patient records and accounts, tracie secrets, and all other information
designated by the Weed & Seed prob am, Merrick or the Subcontractor (and
communicated to the other parties) as confidential. Generic knowiedge or information
publicly known that is generally employed by the trade shall not be deemed part of the
confidential information.
(b) The parties shall not, at any time, directly or indirectly, use, copy, reveal, xeport,
oo-�t��'
i0
memariaiize, publish, duplicate or otherwise disclose to any third p�rty in any �vay
w�hatsoever any confidential information without the written consent of the other party,
w�hich consent shall be exercised in the sole discretion of such party. The parties shali
receive, ma;ntain and use the conf denriai information in the strictest of confidence ann
uae best efforts to keep the confidenrial information stricdy confidentizl and to prevent
discios�ire thereof.
Miscellaneous.
(z) F. ssi�nment. The rights, interest and obligations of the Subcontractar under the
provisions of this Contract shall not be assignable withouY the prior written consent oi
h4eirick.
(b) Notices. Any notice or other communication required or permitted to be
given or served upon any of the parties under this Contract shall be sufficiently delivered,
given or served if delivered personally to such party as set forth below or at such other
address as such party shall designate, by giving written notice to fhe other parties as
follows:
In case of notice io Merrick:
In case of notice to the Subeontractor:
Merrick Community Services
71 � Edgerton Street
St. Paul, Minnesota 55101
Attention: Francis Ivory
5t. Paul Poliee Department
100 E. ll` Street
St. Paul, Minnesota 55101
Attention: Azny Brown
(c) Amendments. Any alteration, modification, waiver or amendment of the
provisions of this Conk'act shall be vaiid only when reduced to writing as an amendment and
signed by both parties.
(d) No Waiver. Failure of either party hereto to enforce any term or provision of
this Coniraci snait not be constraed as a waiver of such te�rn o: prcvis�on ar of the z�ght to
enforce such term ox provision.
(e) Entire Aseement; Severabilitv. It is understood and agreed that the entire
Contract of the parties is contained herein and that this Contract supersedes all oral agreements
and negotiations between the parties �elating to this subject matter as weil as any previous
Contracts of the parties presently in effect relating to the subject matter kereo£ The provisions
of this Contract are several. If any paragraph, section, subdivision, sentence, clause, or other
provision of this Contract is, for any reason, held to be contrary to any law, rule or regulation,
such decision shall not affect the reinaining provisions of this Contract.
00 - y�r
( fl Construction: Applicable La�i�.
govemed by the laws of the State of Minnesota.
This Contract shall be constructed under and
(g) Countezp��is. This Contract may be executed in severa: counterparts, each of
which shalt be deemed to be an origina�, bu� aii of which s'.^,ai� constitu�e one 2nd ihe sarna
instnzment.
N WITI�TESS �VHEREOF, the parties have executed this Cont.act on the date first abo��e
written.
For tke Gity , _..
A�ra�l as to forni:
Assistant CYty Attc
IIirr�tar, fi� of
�fer�ommunity Services
a Minnesota no fit corporafion
:
St. Paul Police
t�'°r Its rn' f � zx,���
� Q �u �? ��e��r wu �d �� G---�-��' SG►��
�� ��� S�� �
� lc� c��/ ,