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00-522ORIGfNAL Council File # Green Sheet # RESOLUTION � Sl1INT PAUL, NIINNESOTA Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Committee:Date: �a WHEI2EAS, the Saint Paul Police Department has received a 5499,925 State Incentive Grant from the Minnesota Department of Civldren, Families, and Learning: WHEREAS, this grant is a colla6orative partnership between the Saint Paul Police Department, Saint Paul School District, and Ramsey County Juvenile Corrections to implement a consistent model of prevention I�own as "Psychology of Mind/fIealth Realization" to prevent alcohol, tobacco, and other substance abuse by children and teens ages 12 -17; and WHEREAS, this graut was accepted by the City Councii on February 23, 2000 (Council File #00-159); RESOLVED, that the Saint Paul City Council authorizes Chief William F�nney to enter into agreements with Ramsey County and Saint Paul Public Schools to implement the State Incentive Grant. by Council By: � Requested by ep3�tment of: olice 1 BY: S Form r�pr�ved by Cit Atto � �/ BY� __ 11 N�� Approved by Mayor for Submission to Council: � BY: t X�(J�-2 77'�t%1�6-i� T �� .i�� 100692 Ra mseYCtyS IGGrant-2000cr Adopted by Council: Date: � ,� _ � _ _ �d �, � . � DEPARTMENTlOFFICEICOUNCIL DA7EMITWTED PoliceDepartment s��6�oo GREEN SHEET No. 104692 CONTACT ERSON&PHONE INrtIAUDA INfnAUDATE C1tiefFinney 292-3588 1 0@ARi1@tlDOtECIOR 4 �oa,a�. CO.S' MUST BE ON COUNC L AGENDA BY (DA E) PleasepmcessASAP Z�cmrnrcan�r� �Cmr«.Ewc ❑RIqNCWLSpNICE$Wt�_ ❑FilqNQALSpiV/ACCT6 � � pwYOR(ORASSSTANi)✓ " �RRi�fS LsJ TOTAL # OF SIGNATURE PAGES 1 (C�IP AL� LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolntion authorizing Clrief William Finney to enter into agreemenu with Ramsey County and Saint Paul Public SchooLs. RECOMMENDATION AppfoV¢ (A) Of RejECS (R) PERSONAL SERVICE CONTR4GT5 MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has ihis persoNfirtn ever worked under a coMract for this depariment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personMrm ever been a city employee? CIVIL SERVICE COMMISSION YES No 3. Does this persoNfirm possess a sldll not normally possessed by any current city employee'7 YES NO 4. Is this perso�rtn a fargefetl vendoR YES NO F�cplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHA7, WHEN, WHERE, WHY) The Saint Paul Police Deparlment has received a$499,925 State Incentive Grant from the Minnesota Pepartrnent of Cirildren, Families, and Learning. This grant is for a co;laborative partnership between the Saint Paul Police Department, Saint Paul School District, and Ramsey County Juvenile Corrections to implement a consistent model of prevenuon Irnown as "Psychology of Mind/Health Realizarion" to prevent alcohol, tobacco, and other substance abuse by children and teens ages 12-17. This grant was accepted b the City Council on February 23, 2000 (Council File #00-159). ADUANTAGESIFAPPROVED Opportunity to collaborate with the Saint PaulSchool District and Ramsey Counly to prevent substance abuse by children and teens ages 12-17. DISADVANTAGESIFAPPROVED Nane. DISADVANTAGES IF NOT APPROVED Inability to implement the "Psychology of Mind/Health Realization" modei for the State .� �}AY 2 '� ?aa0 70TAL AMOUNT OP TRANSACTION $ up to $SQ000 GO57/REVENUE BUDGETED ( I�IE) ��T �Y �� ' FUNDING SOURCE M1IIII050Y3 $TSYC IIICRIIT.IVB GIi1IIt ACTIVITY NUMBBR 34068 W�A1(�7 �1C3F7GZI l.l i Ca� FINANCIAL INFORMqTION (EXPLAIN) MAY � 4 2��9 34068StateIncentiveGrantgr.99 � 00 -S� �. Agreement # 02- Between the City of Saint Paul and Ramsey County THIS AGREEMENT, made and entered into this 1 day of April, 2000, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City,", who is acting as the fiscal agent for the State Incentive Grant, and Ramsey County, Government Center-West, Suite 650, 50 West Kellogg Blvd. Saint Paul, Minnesota 55102, hereinafter referred to as "Consultant " The City and Consultant, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: Scope of Services. A. The Consultant agrees to specific tasks, deliverables, time lines, eta that make up these services aze as described herein. In specific regazds to the collaboration between Ramsey County Juvenile Corrections, the Saint Paul Public School District, and the Saint Paul Police Department involving the Alcohol, Tobacco, and Other Drug Prevention State Incentive Grant, the Consultant agrees to allow correction staff members to receive instruction in the principle based model of psychology commonly referred to as Health Realization. The Consukant agrees to cover the cost of at least eight(8) hours of instruction per employee. The othex thirty(30) hours of instruction will be paid to the Consultant, through the City, from the budgeted State Incentive Grant funding- The Consukant agrees to allow a minimum of fifty-nine(59) correction empioyees to participate in the above mentioned instruction in the form of a two(2) day introductory workshop followed by two(2) hours of classroom instruction a week for a muiimum of twelve(12) consecutive weeks. The Consultant aLso agrees to allow up to six(6) ofthe fifty-n'sne(59) HealthRealizationtrained employees to receive an add'ational eighty(80) hour instractor development course in this principle based psychology. The Gonsultant agrees to make any work schedule adjustments required to make this instruction possible. The Scope of Services may be amended at a later date if agreed upon by both the Consukant and the City. SECTION 2: Time For Completion. A. The services described in Section 1 shall be commenced upon execution of the Agreement and will be completed in accordance with the schedule mutually agreed upon with the City, which is detailed herein. The two(2)-day introductory workshops will begin in the Summer months of 2000 and be completed by March, 2003. There will be a total of seven('� introductory workshops. The weekly staff classes will begin after the first workshop and run for forty-five(45) consecutive weeks a year for the three yeaz period ofthe grant. The instructor development course will begin 7une, 2002 and end March, 2003. If the need arises, these dates can be amended when agreed upon by both the Consultant and the City. B. Consultant shall not proceed with any task without specific authorization from the Project Manager designated by the City. H:\I+amseYcountl'conuact.wPd on-sa� C. In the event there are delays caused by actions of the City or which may be reasonably requested by the Consultant which can change the completion date, Consultant shall request an ezctension oftime for completion ofthe project. The Project Manager will review the request and may grant to the Consultant such extensions of contract time as may be reasonable. SECTION 3: Billings and Payment. A. That for Consuitant's faithfiil perfonnance of this Agreement, the City hereby agrees to compensate the Consultant in the amounts and according to the following schedule. Corrections staff will be compensated at their base rate of pay at the time that they participate in ihe tranvng. If the tranung is attended on an overtime basis, the prescribed overtime rate of compensation will be paid. B. The above amounts shall fully compensate the Consultant for all costs. No claim for serdices and/or costs provided by the Consultant, not specifically provided for in this Agreement will be honored by the City. Total costs for the project shall not exceed $50,000 without prior written approval from the City. C. Consultant shall submit an itemized invoice each month Upon receipt of the invoice and verification of the charges by the Project Manager, payment shall be made by the City to Consukant within thirty (30) days. D. In the event the Consukant fails to comply with any ternvs or conditions of the Agreement or to provide in any mamier the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to ternunation as provided 'm other sections of this Agreement. SECTION 4: Project Management. A. The City requires the Consultant to assign specific individuals as principal project members and to assure that the major work and coordination will remain the responsibility of these individuals during the term of this Agreement. Removal of any principal project member without replacement by equally qualified individuals or without the prior written approval of the City is grounds for tern�ination of the Agreement by the City. ConsultanYs principal project members are: Michael Stevens, Superintendent ofthe Juvenile Detention Center and Frank Hosch, Superintendent of Boys Totem Town. B. The City has designated Edward Lemon as the Project Manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, authorize amendments or changes to the Agreement, and interpret and deSne the City's policies and decisions pertinent to the work covered by this Agreement. H;\ ( amsey'countycontract.wpd p o —533— SECT�ON 5: City Responsibilities. A. The City ab ees to provide Consultant with access to any information from City documents, staff, and other sources needed by Consuttant to complete the work described herein. SECTION 6: Work Products, Records, Dissemination of Information. A. For purposes ofthis Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context ciearly indicates that a different meaning is intended. "Work product" shall mean, any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Consuitant's services under this Agreement. "Supportingdocumentation"shall meanany surveys, questionnaires, notes, research, papers, analyses, whether written electronic, or in other form, and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, accowrt records and other evidences, whether written, electronic, or in other form, belonging to Consultant and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that resuit from the ConsultanYs services under this Agxeement shall be delivered to the City and shall become the property of the City after final payment is made to the Consultant with no right, title, or interest in said work products or supporting documentation vesting in Consultant. C. The Consultant agrees not to release, transmit, or other wide disseminate any information associated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. D. In the event of tennination, all work products, whether finished or unfinished, and supporting documentation prepazed by Consultant under this Agreement shall be delivered by Consultant to the City by the tennu�ation date and there shall be no further obligation of the City to Consultant except for payment of amounts due and owing for any authorized work performed and expenses incurred to the date and tune of termination. E. Consukant agrees to maintain all business records in such a maimer as will readily conform to the terms of this Agreement and to make such records avaIlable at its office at all reasonable times during the Agreement period and for six (6) years &om the date of the final payment under the contract for inspection or audit by the City, the State Auditor, or other duly authorized representative. H:\lramseycounTyconvacc.w� 3 00 -ssa- F. Consultant agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Government Data Practice Act) as well as any other applicable federal, state, and local laws or ordinances, and a11 applicable rules, regulations, and standards established by any agency of such govemmental units which aze now or hereafter promulgated insofar as they related to the Consultant's performauce of the provisions of this Agreement. SECTIOI� 7: Equal Opportunity Employment. A. The Consultant will not discriminate against any employee or applicant for employment for work under this Agreement because ofrace, color, religion, se�c, age, or national origin and will take affirmative steps to ensure that applicants are employed and employees aze treated diuing employment without regard to race color, religion, se� age oz national origiu. This provision sha11 include, but not be limited to the following: employment, upgrading, demotion, or transfer; recnutment advertising, layoff or tennination; rates of pay or their forms of compensation; and, selection for training, including apprenticeship. SECTION 8: Compliance With Applicable Law. A. Consultant agrees to comply with all federal, state, and locallaws or ordinances, and all applicable rules, regulations, and standazds established by any agency of such governmental units, which aze now ar hereafter promulgated insofar as they relate to the Consultant's performauce of the provisions of this Agreement. It shall be the obligation of the Consukant to apply for, pay for, and obtain all pernuts and/or licenses required. SECTION 4: Conflict of Interest. A. Consultant will not contract for or accept employment for the perfonnance of any work or services with any individual, business, corporation, or govemmental unit that would create a conflict of interest in the performance of the obligations pursuant to tYvs Agreement with the City. B. Consultant's acceptance of this Agreement indicates compliance with Chapter 24.03 ofthe Sawt Paul Admiuistrative Code: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." C. Consultant agrees that should any conflict or potential conflict of interest becomes known, Consultant will advise the Purchasing Systems Manager of the situation so that a detennination can be tnade about Consultant's ability to continue performing services under the Agreement. SECTION 10: Insurance. Each party agrees that it will be responsible for its own acts and/or omissions in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts andlor omissions of the other party and the results thereof. The liability ofthe City of Saint Paul and Ramsey County and their respective employees, officials and agents shal: �e governed by the provisions of the Minnesota Tort Claiu�s Act, Minnesota H:\lxamseycountycontract.wpd 4 ao -s�z- Statutes, Chapter 466, et seq. And any other applicable law. SECTION 11: Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes witkain the scoPe of this Agreement, the relationship of the Consultant to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Consultant an employee ofthe City, and Consultant shall be entitled to none ofthe rights, priv�leges, or benefits of Saint Paul employees. SECTION 12. Subcontracting. A. The Consultant agrees not to enter into any subcontracts for any ofthe work contemplated under this Agreement without obtaining prior written approval of the City. SECTION 13. Hoid Harmless. A. The Consultant shall indemnify, save, hold harniless, protect, and defend the City, its officers, agents, and employees from all claims, actions or suits of any character brought for or on account of any clauned or alleged 'mjuries or daznages received by any person or properiy, including the City, resulting from any act or omission by any person employed by Consultant in carryiug out the terms ofthis Agreement. SECTION 14. Assignment. A. The City and Consultant each binds itseif an its successors, legal representatives, and assigns of such other party, with respect to all covenant of this Agreement; and neither the City nor the Consultant will assign or transfer their interest in ttus Agreement without the written consent of the other. SECTION 15. Termination. A. This Agreement will continue in full force and effect until completion of the project as descn'bed herein unless it is terminated at an earlier date by either party. Bither party to this Agreement may tenninated it by giving no less than thirty (30) days written notice of the intent to tei�ninate to the other party. B. With Cause. The City reserves the right to suspend or terminate this Agreement if the Consultant violates any of the terms or conditions of this Agreement or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the City. In the event that the City exercises its right to withhold payment or ternvnate under this Section, it shall submit written notice to the Consultant, specifying the extent of such withholding or terniination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Consultant shall take all actions necessary to discontinue further commitments of funds to the extent that they relate to the suspended or terminated portions of this Agreement. H:\lra�nseycountycontrnctwpd 5 Da-S��- C. In the event of termination, the City will pay Consultant for all service actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of tertninatiori 'The Consultant will deliver all work products and supporting documentation developed up to the date of termination prior to the City rendering final payment for service. SECTION 16: Default by Consultant. In the event Consultant fails or neglects to comply with any term or condition of this Agreement or to provide the services as stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity. The City shall be entitled to recover reasonable attomey's fees and costs of collection associated with enforcing its rights hereunder. � SECTION 17: Amendment or Changes to Agreement. A. City or Consultant may request changes that would increase, decrease, or otherwise modify the Scope of Services. 5uch changes and method of compensation must be authorized in writmg in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 18. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Edwazd L. Lemon To Consultant: ��e Aetention Center Boys Totem Town St Paul Police Dept. 100 East 11�' Street 480 St. Peter 398 Totem Rd St. Paul, MN 55101 St. Paui, MN 55102 St. Paul, MN 55119 SECTION 19. Waiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a ternunation of that right, this A*reement, or any of this Agreement's provisions. H:\(rnmsrycountycontraci.wpd 6 on-sas- SECTION 20. Survival of Obligation. A. The respective obligations of the City and Consultant under these terms and conditions, whichby their nature would continue beyond the termination, cancellation, or e�cpitaxianhereo� shall survive termination, cancellation or eapiration hereof. B. Ifa court or governmental agency withproper jurisdiction detertnines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so tenninated but the parties legally, commercially, and practicably can continue this Agreement without the tenninated provision the remainder of this Agreement shatl continue in effect. SECTION 21. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. Neither the City nor the Consuitant shall be held responsible for perFonnance if its performance is prevented by acts or events beyond the party's reasonable control including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor umest, power failures electrical power surges or current fluctuations, nuclear or other civil military emergences, or acts of legislative, judicial, executive, or administrative authorities. SECTION 23. Entire Agreement. A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. H:\I ramsey countyconeacCwpd ti . oc-sas IN pJi'TNESS WF3EREOF, the parties hereto have executed this Agreement, the day and yeaz first above written. For the City: Ap d form: . S 1S � Chief of Po 'ce Assistant City Atto ey Director, Office of Financial S vices NormColeman, Mayor � Depart o Humau Rights Funding: STa i��C�u i .VF� C� 24�z �L3b 3�Fotog For the Consultant: � y � q� p g � � ItS Director Community Corxections Dept. Consultant: Tax ID: �1 ! - �DO 58�-r �C��--- �.y.,< APPRCf S FpRM. ASSi TANT CpUryfy q�'�'ORNEY Ramsey CoUnty. Wlinnesota � S�c�r�� G-� J� �� n�.� a= �-e� a�.s. �� /bdb9/ H:�IramSeycountycontract.wpd g ORIGfNAL Council File # Green Sheet # RESOLUTION � Sl1INT PAUL, NIINNESOTA Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Committee:Date: �a WHEI2EAS, the Saint Paul Police Department has received a 5499,925 State Incentive Grant from the Minnesota Department of Civldren, Families, and Learning: WHEREAS, this grant is a colla6orative partnership between the Saint Paul Police Department, Saint Paul School District, and Ramsey County Juvenile Corrections to implement a consistent model of prevention I�own as "Psychology of Mind/fIealth Realization" to prevent alcohol, tobacco, and other substance abuse by children and teens ages 12 -17; and WHEREAS, this graut was accepted by the City Councii on February 23, 2000 (Council File #00-159); RESOLVED, that the Saint Paul City Council authorizes Chief William F�nney to enter into agreements with Ramsey County and Saint Paul Public Schools to implement the State Incentive Grant. by Council By: � Requested by ep3�tment of: olice 1 BY: S Form r�pr�ved by Cit Atto � �/ BY� __ 11 N�� Approved by Mayor for Submission to Council: � BY: t X�(J�-2 77'�t%1�6-i� T �� .i�� 100692 Ra mseYCtyS IGGrant-2000cr Adopted by Council: Date: � ,� _ � _ _ �d �, � . � DEPARTMENTlOFFICEICOUNCIL DA7EMITWTED PoliceDepartment s��6�oo GREEN SHEET No. 104692 CONTACT ERSON&PHONE INrtIAUDA INfnAUDATE C1tiefFinney 292-3588 1 0@ARi1@tlDOtECIOR 4 �oa,a�. CO.S' MUST BE ON COUNC L AGENDA BY (DA E) PleasepmcessASAP Z�cmrnrcan�r� �Cmr«.Ewc ❑RIqNCWLSpNICE$Wt�_ ❑FilqNQALSpiV/ACCT6 � � pwYOR(ORASSSTANi)✓ " �RRi�fS LsJ TOTAL # OF SIGNATURE PAGES 1 (C�IP AL� LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolntion authorizing Clrief William Finney to enter into agreemenu with Ramsey County and Saint Paul Public SchooLs. RECOMMENDATION AppfoV¢ (A) Of RejECS (R) PERSONAL SERVICE CONTR4GT5 MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has ihis persoNfirtn ever worked under a coMract for this depariment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personMrm ever been a city employee? CIVIL SERVICE COMMISSION YES No 3. Does this persoNfirm possess a sldll not normally possessed by any current city employee'7 YES NO 4. Is this perso�rtn a fargefetl vendoR YES NO F�cplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHA7, WHEN, WHERE, WHY) The Saint Paul Police Deparlment has received a$499,925 State Incentive Grant from the Minnesota Pepartrnent of Cirildren, Families, and Learning. This grant is for a co;laborative partnership between the Saint Paul Police Department, Saint Paul School District, and Ramsey County Juvenile Corrections to implement a consistent model of prevenuon Irnown as "Psychology of Mind/Health Realizarion" to prevent alcohol, tobacco, and other substance abuse by children and teens ages 12-17. This grant was accepted b the City Council on February 23, 2000 (Council File #00-159). ADUANTAGESIFAPPROVED Opportunity to collaborate with the Saint PaulSchool District and Ramsey Counly to prevent substance abuse by children and teens ages 12-17. DISADVANTAGESIFAPPROVED Nane. DISADVANTAGES IF NOT APPROVED Inability to implement the "Psychology of Mind/Health Realization" modei for the State .� �}AY 2 '� ?aa0 70TAL AMOUNT OP TRANSACTION $ up to $SQ000 GO57/REVENUE BUDGETED ( I�IE) ��T �Y �� ' FUNDING SOURCE M1IIII050Y3 $TSYC IIICRIIT.IVB GIi1IIt ACTIVITY NUMBBR 34068 W�A1(�7 �1C3F7GZI l.l i Ca� FINANCIAL INFORMqTION (EXPLAIN) MAY � 4 2��9 34068StateIncentiveGrantgr.99 � 00 -S� �. Agreement # 02- Between the City of Saint Paul and Ramsey County THIS AGREEMENT, made and entered into this 1 day of April, 2000, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City,", who is acting as the fiscal agent for the State Incentive Grant, and Ramsey County, Government Center-West, Suite 650, 50 West Kellogg Blvd. Saint Paul, Minnesota 55102, hereinafter referred to as "Consultant " The City and Consultant, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: Scope of Services. A. The Consultant agrees to specific tasks, deliverables, time lines, eta that make up these services aze as described herein. In specific regazds to the collaboration between Ramsey County Juvenile Corrections, the Saint Paul Public School District, and the Saint Paul Police Department involving the Alcohol, Tobacco, and Other Drug Prevention State Incentive Grant, the Consultant agrees to allow correction staff members to receive instruction in the principle based model of psychology commonly referred to as Health Realization. The Consukant agrees to cover the cost of at least eight(8) hours of instruction per employee. The othex thirty(30) hours of instruction will be paid to the Consultant, through the City, from the budgeted State Incentive Grant funding- The Consukant agrees to allow a minimum of fifty-nine(59) correction empioyees to participate in the above mentioned instruction in the form of a two(2) day introductory workshop followed by two(2) hours of classroom instruction a week for a muiimum of twelve(12) consecutive weeks. The Consultant aLso agrees to allow up to six(6) ofthe fifty-n'sne(59) HealthRealizationtrained employees to receive an add'ational eighty(80) hour instractor development course in this principle based psychology. The Gonsultant agrees to make any work schedule adjustments required to make this instruction possible. The Scope of Services may be amended at a later date if agreed upon by both the Consukant and the City. SECTION 2: Time For Completion. A. The services described in Section 1 shall be commenced upon execution of the Agreement and will be completed in accordance with the schedule mutually agreed upon with the City, which is detailed herein. The two(2)-day introductory workshops will begin in the Summer months of 2000 and be completed by March, 2003. There will be a total of seven('� introductory workshops. The weekly staff classes will begin after the first workshop and run for forty-five(45) consecutive weeks a year for the three yeaz period ofthe grant. The instructor development course will begin 7une, 2002 and end March, 2003. If the need arises, these dates can be amended when agreed upon by both the Consultant and the City. B. Consultant shall not proceed with any task without specific authorization from the Project Manager designated by the City. H:\I+amseYcountl'conuact.wPd on-sa� C. In the event there are delays caused by actions of the City or which may be reasonably requested by the Consultant which can change the completion date, Consultant shall request an ezctension oftime for completion ofthe project. The Project Manager will review the request and may grant to the Consultant such extensions of contract time as may be reasonable. SECTION 3: Billings and Payment. A. That for Consuitant's faithfiil perfonnance of this Agreement, the City hereby agrees to compensate the Consultant in the amounts and according to the following schedule. Corrections staff will be compensated at their base rate of pay at the time that they participate in ihe tranvng. If the tranung is attended on an overtime basis, the prescribed overtime rate of compensation will be paid. B. The above amounts shall fully compensate the Consultant for all costs. No claim for serdices and/or costs provided by the Consultant, not specifically provided for in this Agreement will be honored by the City. Total costs for the project shall not exceed $50,000 without prior written approval from the City. C. Consultant shall submit an itemized invoice each month Upon receipt of the invoice and verification of the charges by the Project Manager, payment shall be made by the City to Consukant within thirty (30) days. D. In the event the Consukant fails to comply with any ternvs or conditions of the Agreement or to provide in any mamier the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to ternunation as provided 'm other sections of this Agreement. SECTION 4: Project Management. A. The City requires the Consultant to assign specific individuals as principal project members and to assure that the major work and coordination will remain the responsibility of these individuals during the term of this Agreement. Removal of any principal project member without replacement by equally qualified individuals or without the prior written approval of the City is grounds for tern�ination of the Agreement by the City. ConsultanYs principal project members are: Michael Stevens, Superintendent ofthe Juvenile Detention Center and Frank Hosch, Superintendent of Boys Totem Town. B. The City has designated Edward Lemon as the Project Manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, authorize amendments or changes to the Agreement, and interpret and deSne the City's policies and decisions pertinent to the work covered by this Agreement. H;\ ( amsey'countycontract.wpd p o —533— SECT�ON 5: City Responsibilities. A. The City ab ees to provide Consultant with access to any information from City documents, staff, and other sources needed by Consuttant to complete the work described herein. SECTION 6: Work Products, Records, Dissemination of Information. A. For purposes ofthis Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context ciearly indicates that a different meaning is intended. "Work product" shall mean, any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Consuitant's services under this Agreement. "Supportingdocumentation"shall meanany surveys, questionnaires, notes, research, papers, analyses, whether written electronic, or in other form, and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, accowrt records and other evidences, whether written, electronic, or in other form, belonging to Consultant and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that resuit from the ConsultanYs services under this Agxeement shall be delivered to the City and shall become the property of the City after final payment is made to the Consultant with no right, title, or interest in said work products or supporting documentation vesting in Consultant. C. The Consultant agrees not to release, transmit, or other wide disseminate any information associated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. D. In the event of tennination, all work products, whether finished or unfinished, and supporting documentation prepazed by Consultant under this Agreement shall be delivered by Consultant to the City by the tennu�ation date and there shall be no further obligation of the City to Consultant except for payment of amounts due and owing for any authorized work performed and expenses incurred to the date and tune of termination. E. Consukant agrees to maintain all business records in such a maimer as will readily conform to the terms of this Agreement and to make such records avaIlable at its office at all reasonable times during the Agreement period and for six (6) years &om the date of the final payment under the contract for inspection or audit by the City, the State Auditor, or other duly authorized representative. H:\lramseycounTyconvacc.w� 3 00 -ssa- F. Consultant agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Government Data Practice Act) as well as any other applicable federal, state, and local laws or ordinances, and a11 applicable rules, regulations, and standards established by any agency of such govemmental units which aze now or hereafter promulgated insofar as they related to the Consultant's performauce of the provisions of this Agreement. SECTIOI� 7: Equal Opportunity Employment. A. The Consultant will not discriminate against any employee or applicant for employment for work under this Agreement because ofrace, color, religion, se�c, age, or national origin and will take affirmative steps to ensure that applicants are employed and employees aze treated diuing employment without regard to race color, religion, se� age oz national origiu. This provision sha11 include, but not be limited to the following: employment, upgrading, demotion, or transfer; recnutment advertising, layoff or tennination; rates of pay or their forms of compensation; and, selection for training, including apprenticeship. SECTION 8: Compliance With Applicable Law. A. Consultant agrees to comply with all federal, state, and locallaws or ordinances, and all applicable rules, regulations, and standazds established by any agency of such governmental units, which aze now ar hereafter promulgated insofar as they relate to the Consultant's performauce of the provisions of this Agreement. It shall be the obligation of the Consukant to apply for, pay for, and obtain all pernuts and/or licenses required. SECTION 4: Conflict of Interest. A. Consultant will not contract for or accept employment for the perfonnance of any work or services with any individual, business, corporation, or govemmental unit that would create a conflict of interest in the performance of the obligations pursuant to tYvs Agreement with the City. B. Consultant's acceptance of this Agreement indicates compliance with Chapter 24.03 ofthe Sawt Paul Admiuistrative Code: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." C. Consultant agrees that should any conflict or potential conflict of interest becomes known, Consultant will advise the Purchasing Systems Manager of the situation so that a detennination can be tnade about Consultant's ability to continue performing services under the Agreement. SECTION 10: Insurance. Each party agrees that it will be responsible for its own acts and/or omissions in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts andlor omissions of the other party and the results thereof. The liability ofthe City of Saint Paul and Ramsey County and their respective employees, officials and agents shal: �e governed by the provisions of the Minnesota Tort Claiu�s Act, Minnesota H:\lxamseycountycontract.wpd 4 ao -s�z- Statutes, Chapter 466, et seq. And any other applicable law. SECTION 11: Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes witkain the scoPe of this Agreement, the relationship of the Consultant to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Consultant an employee ofthe City, and Consultant shall be entitled to none ofthe rights, priv�leges, or benefits of Saint Paul employees. SECTION 12. Subcontracting. A. The Consultant agrees not to enter into any subcontracts for any ofthe work contemplated under this Agreement without obtaining prior written approval of the City. SECTION 13. Hoid Harmless. A. The Consultant shall indemnify, save, hold harniless, protect, and defend the City, its officers, agents, and employees from all claims, actions or suits of any character brought for or on account of any clauned or alleged 'mjuries or daznages received by any person or properiy, including the City, resulting from any act or omission by any person employed by Consultant in carryiug out the terms ofthis Agreement. SECTION 14. Assignment. A. The City and Consultant each binds itseif an its successors, legal representatives, and assigns of such other party, with respect to all covenant of this Agreement; and neither the City nor the Consultant will assign or transfer their interest in ttus Agreement without the written consent of the other. SECTION 15. Termination. A. This Agreement will continue in full force and effect until completion of the project as descn'bed herein unless it is terminated at an earlier date by either party. Bither party to this Agreement may tenninated it by giving no less than thirty (30) days written notice of the intent to tei�ninate to the other party. B. With Cause. The City reserves the right to suspend or terminate this Agreement if the Consultant violates any of the terms or conditions of this Agreement or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the City. In the event that the City exercises its right to withhold payment or ternvnate under this Section, it shall submit written notice to the Consultant, specifying the extent of such withholding or terniination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Consultant shall take all actions necessary to discontinue further commitments of funds to the extent that they relate to the suspended or terminated portions of this Agreement. H:\lra�nseycountycontrnctwpd 5 Da-S��- C. In the event of termination, the City will pay Consultant for all service actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of tertninatiori 'The Consultant will deliver all work products and supporting documentation developed up to the date of termination prior to the City rendering final payment for service. SECTION 16: Default by Consultant. In the event Consultant fails or neglects to comply with any term or condition of this Agreement or to provide the services as stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity. The City shall be entitled to recover reasonable attomey's fees and costs of collection associated with enforcing its rights hereunder. � SECTION 17: Amendment or Changes to Agreement. A. City or Consultant may request changes that would increase, decrease, or otherwise modify the Scope of Services. 5uch changes and method of compensation must be authorized in writmg in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 18. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Edwazd L. Lemon To Consultant: ��e Aetention Center Boys Totem Town St Paul Police Dept. 100 East 11�' Street 480 St. Peter 398 Totem Rd St. Paul, MN 55101 St. Paui, MN 55102 St. Paul, MN 55119 SECTION 19. Waiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a ternunation of that right, this A*reement, or any of this Agreement's provisions. H:\(rnmsrycountycontraci.wpd 6 on-sas- SECTION 20. Survival of Obligation. A. The respective obligations of the City and Consultant under these terms and conditions, whichby their nature would continue beyond the termination, cancellation, or e�cpitaxianhereo� shall survive termination, cancellation or eapiration hereof. B. Ifa court or governmental agency withproper jurisdiction detertnines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so tenninated but the parties legally, commercially, and practicably can continue this Agreement without the tenninated provision the remainder of this Agreement shatl continue in effect. SECTION 21. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. Neither the City nor the Consuitant shall be held responsible for perFonnance if its performance is prevented by acts or events beyond the party's reasonable control including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor umest, power failures electrical power surges or current fluctuations, nuclear or other civil military emergences, or acts of legislative, judicial, executive, or administrative authorities. SECTION 23. Entire Agreement. A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. H:\I ramsey countyconeacCwpd ti . oc-sas IN pJi'TNESS WF3EREOF, the parties hereto have executed this Agreement, the day and yeaz first above written. For the City: Ap d form: . S 1S � Chief of Po 'ce Assistant City Atto ey Director, Office of Financial S vices NormColeman, Mayor � Depart o Humau Rights Funding: STa i��C�u i .VF� C� 24�z �L3b 3�Fotog For the Consultant: � y � q� p g � � ItS Director Community Corxections Dept. Consultant: Tax ID: �1 ! - �DO 58�-r �C��--- �.y.,< APPRCf S FpRM. ASSi TANT CpUryfy q�'�'ORNEY Ramsey CoUnty. Wlinnesota � S�c�r�� G-� J� �� n�.� a= �-e� a�.s. �� /bdb9/ H:�IramSeycountycontract.wpd g ORIGfNAL Council File # Green Sheet # RESOLUTION � Sl1INT PAUL, NIINNESOTA Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Committee:Date: �a WHEI2EAS, the Saint Paul Police Department has received a 5499,925 State Incentive Grant from the Minnesota Department of Civldren, Families, and Learning: WHEREAS, this grant is a colla6orative partnership between the Saint Paul Police Department, Saint Paul School District, and Ramsey County Juvenile Corrections to implement a consistent model of prevention I�own as "Psychology of Mind/fIealth Realization" to prevent alcohol, tobacco, and other substance abuse by children and teens ages 12 -17; and WHEREAS, this graut was accepted by the City Councii on February 23, 2000 (Council File #00-159); RESOLVED, that the Saint Paul City Council authorizes Chief William F�nney to enter into agreements with Ramsey County and Saint Paul Public Schools to implement the State Incentive Grant. by Council By: � Requested by ep3�tment of: olice 1 BY: S Form r�pr�ved by Cit Atto � �/ BY� __ 11 N�� Approved by Mayor for Submission to Council: � BY: t X�(J�-2 77'�t%1�6-i� T �� .i�� 100692 Ra mseYCtyS IGGrant-2000cr Adopted by Council: Date: � ,� _ � _ _ �d �, � . � DEPARTMENTlOFFICEICOUNCIL DA7EMITWTED PoliceDepartment s��6�oo GREEN SHEET No. 104692 CONTACT ERSON&PHONE INrtIAUDA INfnAUDATE C1tiefFinney 292-3588 1 0@ARi1@tlDOtECIOR 4 �oa,a�. CO.S' MUST BE ON COUNC L AGENDA BY (DA E) PleasepmcessASAP Z�cmrnrcan�r� �Cmr«.Ewc ❑RIqNCWLSpNICE$Wt�_ ❑FilqNQALSpiV/ACCT6 � � pwYOR(ORASSSTANi)✓ " �RRi�fS LsJ TOTAL # OF SIGNATURE PAGES 1 (C�IP AL� LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolntion authorizing Clrief William Finney to enter into agreemenu with Ramsey County and Saint Paul Public SchooLs. RECOMMENDATION AppfoV¢ (A) Of RejECS (R) PERSONAL SERVICE CONTR4GT5 MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has ihis persoNfirtn ever worked under a coMract for this depariment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this personMrm ever been a city employee? CIVIL SERVICE COMMISSION YES No 3. Does this persoNfirm possess a sldll not normally possessed by any current city employee'7 YES NO 4. Is this perso�rtn a fargefetl vendoR YES NO F�cplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHA7, WHEN, WHERE, WHY) The Saint Paul Police Deparlment has received a$499,925 State Incentive Grant from the Minnesota Pepartrnent of Cirildren, Families, and Learning. This grant is for a co;laborative partnership between the Saint Paul Police Department, Saint Paul School District, and Ramsey County Juvenile Corrections to implement a consistent model of prevenuon Irnown as "Psychology of Mind/Health Realizarion" to prevent alcohol, tobacco, and other substance abuse by children and teens ages 12-17. This grant was accepted b the City Council on February 23, 2000 (Council File #00-159). ADUANTAGESIFAPPROVED Opportunity to collaborate with the Saint PaulSchool District and Ramsey Counly to prevent substance abuse by children and teens ages 12-17. DISADVANTAGESIFAPPROVED Nane. DISADVANTAGES IF NOT APPROVED Inability to implement the "Psychology of Mind/Health Realization" modei for the State .� �}AY 2 '� ?aa0 70TAL AMOUNT OP TRANSACTION $ up to $SQ000 GO57/REVENUE BUDGETED ( I�IE) ��T �Y �� ' FUNDING SOURCE M1IIII050Y3 $TSYC IIICRIIT.IVB GIi1IIt ACTIVITY NUMBBR 34068 W�A1(�7 �1C3F7GZI l.l i Ca� FINANCIAL INFORMqTION (EXPLAIN) MAY � 4 2��9 34068StateIncentiveGrantgr.99 � 00 -S� �. Agreement # 02- Between the City of Saint Paul and Ramsey County THIS AGREEMENT, made and entered into this 1 day of April, 2000, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City,", who is acting as the fiscal agent for the State Incentive Grant, and Ramsey County, Government Center-West, Suite 650, 50 West Kellogg Blvd. Saint Paul, Minnesota 55102, hereinafter referred to as "Consultant " The City and Consultant, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: Scope of Services. A. The Consultant agrees to specific tasks, deliverables, time lines, eta that make up these services aze as described herein. In specific regazds to the collaboration between Ramsey County Juvenile Corrections, the Saint Paul Public School District, and the Saint Paul Police Department involving the Alcohol, Tobacco, and Other Drug Prevention State Incentive Grant, the Consultant agrees to allow correction staff members to receive instruction in the principle based model of psychology commonly referred to as Health Realization. The Consukant agrees to cover the cost of at least eight(8) hours of instruction per employee. The othex thirty(30) hours of instruction will be paid to the Consultant, through the City, from the budgeted State Incentive Grant funding- The Consukant agrees to allow a minimum of fifty-nine(59) correction empioyees to participate in the above mentioned instruction in the form of a two(2) day introductory workshop followed by two(2) hours of classroom instruction a week for a muiimum of twelve(12) consecutive weeks. The Consultant aLso agrees to allow up to six(6) ofthe fifty-n'sne(59) HealthRealizationtrained employees to receive an add'ational eighty(80) hour instractor development course in this principle based psychology. The Gonsultant agrees to make any work schedule adjustments required to make this instruction possible. The Scope of Services may be amended at a later date if agreed upon by both the Consukant and the City. SECTION 2: Time For Completion. A. The services described in Section 1 shall be commenced upon execution of the Agreement and will be completed in accordance with the schedule mutually agreed upon with the City, which is detailed herein. The two(2)-day introductory workshops will begin in the Summer months of 2000 and be completed by March, 2003. There will be a total of seven('� introductory workshops. The weekly staff classes will begin after the first workshop and run for forty-five(45) consecutive weeks a year for the three yeaz period ofthe grant. The instructor development course will begin 7une, 2002 and end March, 2003. If the need arises, these dates can be amended when agreed upon by both the Consultant and the City. B. Consultant shall not proceed with any task without specific authorization from the Project Manager designated by the City. H:\I+amseYcountl'conuact.wPd on-sa� C. In the event there are delays caused by actions of the City or which may be reasonably requested by the Consultant which can change the completion date, Consultant shall request an ezctension oftime for completion ofthe project. The Project Manager will review the request and may grant to the Consultant such extensions of contract time as may be reasonable. SECTION 3: Billings and Payment. A. That for Consuitant's faithfiil perfonnance of this Agreement, the City hereby agrees to compensate the Consultant in the amounts and according to the following schedule. Corrections staff will be compensated at their base rate of pay at the time that they participate in ihe tranvng. If the tranung is attended on an overtime basis, the prescribed overtime rate of compensation will be paid. B. The above amounts shall fully compensate the Consultant for all costs. No claim for serdices and/or costs provided by the Consultant, not specifically provided for in this Agreement will be honored by the City. Total costs for the project shall not exceed $50,000 without prior written approval from the City. C. Consultant shall submit an itemized invoice each month Upon receipt of the invoice and verification of the charges by the Project Manager, payment shall be made by the City to Consukant within thirty (30) days. D. In the event the Consukant fails to comply with any ternvs or conditions of the Agreement or to provide in any mamier the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to ternunation as provided 'm other sections of this Agreement. SECTION 4: Project Management. A. The City requires the Consultant to assign specific individuals as principal project members and to assure that the major work and coordination will remain the responsibility of these individuals during the term of this Agreement. Removal of any principal project member without replacement by equally qualified individuals or without the prior written approval of the City is grounds for tern�ination of the Agreement by the City. ConsultanYs principal project members are: Michael Stevens, Superintendent ofthe Juvenile Detention Center and Frank Hosch, Superintendent of Boys Totem Town. B. The City has designated Edward Lemon as the Project Manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, authorize amendments or changes to the Agreement, and interpret and deSne the City's policies and decisions pertinent to the work covered by this Agreement. H;\ ( amsey'countycontract.wpd p o —533— SECT�ON 5: City Responsibilities. A. The City ab ees to provide Consultant with access to any information from City documents, staff, and other sources needed by Consuttant to complete the work described herein. SECTION 6: Work Products, Records, Dissemination of Information. A. For purposes ofthis Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context ciearly indicates that a different meaning is intended. "Work product" shall mean, any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Consuitant's services under this Agreement. "Supportingdocumentation"shall meanany surveys, questionnaires, notes, research, papers, analyses, whether written electronic, or in other form, and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, accowrt records and other evidences, whether written, electronic, or in other form, belonging to Consultant and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that resuit from the ConsultanYs services under this Agxeement shall be delivered to the City and shall become the property of the City after final payment is made to the Consultant with no right, title, or interest in said work products or supporting documentation vesting in Consultant. C. The Consultant agrees not to release, transmit, or other wide disseminate any information associated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. D. In the event of tennination, all work products, whether finished or unfinished, and supporting documentation prepazed by Consultant under this Agreement shall be delivered by Consultant to the City by the tennu�ation date and there shall be no further obligation of the City to Consultant except for payment of amounts due and owing for any authorized work performed and expenses incurred to the date and tune of termination. E. Consukant agrees to maintain all business records in such a maimer as will readily conform to the terms of this Agreement and to make such records avaIlable at its office at all reasonable times during the Agreement period and for six (6) years &om the date of the final payment under the contract for inspection or audit by the City, the State Auditor, or other duly authorized representative. H:\lramseycounTyconvacc.w� 3 00 -ssa- F. Consultant agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Government Data Practice Act) as well as any other applicable federal, state, and local laws or ordinances, and a11 applicable rules, regulations, and standards established by any agency of such govemmental units which aze now or hereafter promulgated insofar as they related to the Consultant's performauce of the provisions of this Agreement. SECTIOI� 7: Equal Opportunity Employment. A. The Consultant will not discriminate against any employee or applicant for employment for work under this Agreement because ofrace, color, religion, se�c, age, or national origin and will take affirmative steps to ensure that applicants are employed and employees aze treated diuing employment without regard to race color, religion, se� age oz national origiu. This provision sha11 include, but not be limited to the following: employment, upgrading, demotion, or transfer; recnutment advertising, layoff or tennination; rates of pay or their forms of compensation; and, selection for training, including apprenticeship. SECTION 8: Compliance With Applicable Law. A. Consultant agrees to comply with all federal, state, and locallaws or ordinances, and all applicable rules, regulations, and standazds established by any agency of such governmental units, which aze now ar hereafter promulgated insofar as they relate to the Consultant's performauce of the provisions of this Agreement. It shall be the obligation of the Consukant to apply for, pay for, and obtain all pernuts and/or licenses required. SECTION 4: Conflict of Interest. A. Consultant will not contract for or accept employment for the perfonnance of any work or services with any individual, business, corporation, or govemmental unit that would create a conflict of interest in the performance of the obligations pursuant to tYvs Agreement with the City. B. Consultant's acceptance of this Agreement indicates compliance with Chapter 24.03 ofthe Sawt Paul Admiuistrative Code: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." C. Consultant agrees that should any conflict or potential conflict of interest becomes known, Consultant will advise the Purchasing Systems Manager of the situation so that a detennination can be tnade about Consultant's ability to continue performing services under the Agreement. SECTION 10: Insurance. Each party agrees that it will be responsible for its own acts and/or omissions in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts andlor omissions of the other party and the results thereof. The liability ofthe City of Saint Paul and Ramsey County and their respective employees, officials and agents shal: �e governed by the provisions of the Minnesota Tort Claiu�s Act, Minnesota H:\lxamseycountycontract.wpd 4 ao -s�z- Statutes, Chapter 466, et seq. And any other applicable law. SECTION 11: Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes witkain the scoPe of this Agreement, the relationship of the Consultant to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Consultant an employee ofthe City, and Consultant shall be entitled to none ofthe rights, priv�leges, or benefits of Saint Paul employees. SECTION 12. Subcontracting. A. The Consultant agrees not to enter into any subcontracts for any ofthe work contemplated under this Agreement without obtaining prior written approval of the City. SECTION 13. Hoid Harmless. A. The Consultant shall indemnify, save, hold harniless, protect, and defend the City, its officers, agents, and employees from all claims, actions or suits of any character brought for or on account of any clauned or alleged 'mjuries or daznages received by any person or properiy, including the City, resulting from any act or omission by any person employed by Consultant in carryiug out the terms ofthis Agreement. SECTION 14. Assignment. A. The City and Consultant each binds itseif an its successors, legal representatives, and assigns of such other party, with respect to all covenant of this Agreement; and neither the City nor the Consultant will assign or transfer their interest in ttus Agreement without the written consent of the other. SECTION 15. Termination. A. This Agreement will continue in full force and effect until completion of the project as descn'bed herein unless it is terminated at an earlier date by either party. Bither party to this Agreement may tenninated it by giving no less than thirty (30) days written notice of the intent to tei�ninate to the other party. B. With Cause. The City reserves the right to suspend or terminate this Agreement if the Consultant violates any of the terms or conditions of this Agreement or does not fulfill, in a timely and proper manner, its obligations under this Agreement as determined by the City. In the event that the City exercises its right to withhold payment or ternvnate under this Section, it shall submit written notice to the Consultant, specifying the extent of such withholding or terniination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Consultant shall take all actions necessary to discontinue further commitments of funds to the extent that they relate to the suspended or terminated portions of this Agreement. H:\lra�nseycountycontrnctwpd 5 Da-S��- C. In the event of termination, the City will pay Consultant for all service actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of tertninatiori 'The Consultant will deliver all work products and supporting documentation developed up to the date of termination prior to the City rendering final payment for service. SECTION 16: Default by Consultant. In the event Consultant fails or neglects to comply with any term or condition of this Agreement or to provide the services as stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity. The City shall be entitled to recover reasonable attomey's fees and costs of collection associated with enforcing its rights hereunder. � SECTION 17: Amendment or Changes to Agreement. A. City or Consultant may request changes that would increase, decrease, or otherwise modify the Scope of Services. 5uch changes and method of compensation must be authorized in writmg in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. SECTION 18. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Edwazd L. Lemon To Consultant: ��e Aetention Center Boys Totem Town St Paul Police Dept. 100 East 11�' Street 480 St. Peter 398 Totem Rd St. Paul, MN 55101 St. Paui, MN 55102 St. Paul, MN 55119 SECTION 19. Waiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a ternunation of that right, this A*reement, or any of this Agreement's provisions. H:\(rnmsrycountycontraci.wpd 6 on-sas- SECTION 20. Survival of Obligation. A. The respective obligations of the City and Consultant under these terms and conditions, whichby their nature would continue beyond the termination, cancellation, or e�cpitaxianhereo� shall survive termination, cancellation or eapiration hereof. B. Ifa court or governmental agency withproper jurisdiction detertnines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so tenninated but the parties legally, commercially, and practicably can continue this Agreement without the tenninated provision the remainder of this Agreement shatl continue in effect. SECTION 21. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. Neither the City nor the Consuitant shall be held responsible for perFonnance if its performance is prevented by acts or events beyond the party's reasonable control including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor umest, power failures electrical power surges or current fluctuations, nuclear or other civil military emergences, or acts of legislative, judicial, executive, or administrative authorities. SECTION 23. Entire Agreement. A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. H:\I ramsey countyconeacCwpd ti . oc-sas IN pJi'TNESS WF3EREOF, the parties hereto have executed this Agreement, the day and yeaz first above written. For the City: Ap d form: . S 1S � Chief of Po 'ce Assistant City Atto ey Director, Office of Financial S vices NormColeman, Mayor � Depart o Humau Rights Funding: STa i��C�u i .VF� C� 24�z �L3b 3�Fotog For the Consultant: � y � q� p g � � ItS Director Community Corxections Dept. Consultant: Tax ID: �1 ! - �DO 58�-r �C��--- �.y.,< APPRCf S FpRM. ASSi TANT CpUryfy q�'�'ORNEY Ramsey CoUnty. Wlinnesota � S�c�r�� G-� J� �� n�.� a= �-e� a�.s. �� /bdb9/ H:�IramSeycountycontract.wpd g