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01-1008ORIGINAL Presented By: Council File # � �' �� a � Green Sheet # 113556 �� Referred To: Committee:Date: 1 RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement with the State of Minnesota to respond to requests for Ordnance Disposal Services from 3 October 1, 2001 through June 30, 2003. A copy of said agreement shall be kept on file and on record 4 in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: eenanav 0 Adoption erhfied by Council BY• --� _ 1- Approved by Mayor: Date: �j� : g'Q�/ By: � odustateofmn-2001-2003 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Form By: Appro b ayor for u 's�to Council: By:_ � 08129/2001 GREEN SHEET , ` INfTIAL/DATE 292-3588 TOTAL # OF SIGNATURE PAGES REQUES7ED � AiTpWEY� �� WNCIALSERVILES WR _ � v IewvOR(ORASSUTMfII_ �o. 113556 INf�IAI/UA7E couwca 1 A I -- CLEILC O � _ �__( ' Y ,qii �w�n�u.� SER1//ALCTG �uriw RN'alfB (CLIP ALL LOCATIONS FOR SIGNATURE) Signatuies iequested on the attached council resolution authorizing the Saint Paul Police Department to RECiE�VE� enter into an agreement with the State of Minnesota. The Saiut Paul Police Department Ordnance Disposal (ODin will provide ordnance disposal services to other municip within the state of Minnesota. S E P 1 7 ZO O� MAYOR'S OFF{CE PLANNING COMMISSION C{B COMMITTEE CIVIL SERVICE COMMISSION Has this person/firm ever worked untler a Contract for this departmenY� YES NO Has this personlfi�m ever been a city employee? YES NO Does this persoNfirtn possess a skill not normally possessed by any current c�ty employee? YES NO Is this persoMfirtn a targeted vendoR YES NO Wlain all yes answers on separate sheet and attach to green sheet The St. Paul Police Deparhnent Ordnance Disposal Unit will continue to dispose of or neutralize bombs or offier similu hazazdous eaplosives for other municipalities within the state of Minnesota. The State of Minnesota will reimburse the St. Paul Police Departrnent for these services according to the attached agreement.�, s• z �_,�p '��'�'2.F,.Y? „,:_.,, .. �� The St. Paul Police Department Ordnance Disposal Unit will be reimbursed by the State of Mimiesota for ordnance disposal services provided to other xrnuiicipalities in the state of Minnesota: None. lP tJ�T APPROYEO The St: Paul Police Depart�nent will discontinue providing ordnance disposal services to other mnuicipa7iries throughout the state of Minnesota. OF TRANSACTION 8 SOURCE MFORMATION (EXPLAIN) see attached agreement State of Minnesota COSLREVENUE BUDGETED (qRCLE ONE) YES ACTIVIN NUMBER credit 001-04100 odushreofrim2001-2003 �l-loo� CFMS Contract No. A26568 STATE OF MINNESOTA JOINT POWERS AGREEMENT ORlG1�lAL This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Division of Emergency Management ("State") and the City of St. Paul, St. Paul Police Deparhnent ("Governmental UniY'). Recitals Under Minn. Stat. § 471.59, subd. 10, and Minn. Stat § 299C.063, subd. 3, the State is empowered to engage such assistance as deemed necessary and enter into agreements with bomb disposal uuits. The State is in need of reimbursing State approved bomb disposal units for expenses as per Minn. Stat § 294C.063 and for training and equipment as per Minnesota 2001, 1 Special Session, Chapter 8, Article 4, Section 10. Agreement Term of Agreement 1.1 Effective date: October 1, 2001 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: June 30, 2003, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Agreement between the Parties 2.1 Definitions: The terms used in this agreement have the meaning given them in Minn. Stat. § 299C.Ob3, subd. 1: (a) `Bomb disposal unit" means a commissioner-approved unit consisting of persans who are trained and equipped to dispose of or neutralize bombs or other similar hazardous explosives and who are employed by a municipality. (b) "Commissioner" means the commissioner of public safety. (c) "Municipality" has the meaning given it in section 466.01. (d} "Hazardous explosives" means explosives as defined in section 299F.72, sub. 2., explosive devices and incendiary devices as defined in section 6Q9.668, subd. l, and all materials subject to regulation under United States Code, ritle 18, chapter 40. . 2.2 Govemmental Unit will provide the following services when responding to calls: (a) Governmental Unit is an approved bomb disposal unit, and will provide bomb squad services outside of its geographic jurisdiction for another inunicipality or otherwise outside the jurisdiction of the employer-municipality but within the state. (b) Governmental Unit will only invoice the State for expenses incurred while providing bomb disposal unit services outside its geographic jurisdiction for another municipality or otherwise outside the jurisdiction of the empioyer-municipality but within the state. Expenses incurred and invoiced to the State will be set at a flat rate of $150.00 per hour , from start to finish. Should the Govemment Unit have a contract with another entity other than the State for these services, the Governmental i3nit will not invoice the State for services covered by that contract. (c) A set flat rate of $150.00 per hour for expense reimbursement to the Governmental Unit is inclusive of the bomb squad unit and all services provided. Joint Powzrs Ageement (Rev. 12/00) \\File?\file\Bomb Squads\Concncts FY2002-3\StPaul FY2002 doc 0 �. Leop- CFMS Contract No. A26568 (d) Govemmental Unit will provide reports to the State's Authorized Representative at least quarterly, but not more often than monthly using a reporting format approved by the State. Reports must Include a brief outline of services provided and costs incurred. This report must be submitted to the State's Authorized Representative with invoice for expense reimbursement. 23 Governmental Unit will provide training and purchase equipment for approved bomb disposal units and members. (a) Separate from Clause 2.2, above, the Govemmental Unit may invoice the State for expenses incurred to provide training for bomb disposal unit members and for equipment purchased for use by bomb disposal unit. Reimbursement, ho�vever may not exceed the dollar amount specified in Clause 3.2, of this agreement. (b) Governmental Unit must comply with municipal bidding laws when puzchasing equipment, and all equipment purchased through this agreement is the property of the Governmental Unit. (c) Governmental Unit will provide reports fo the State's Authorized ftepresentative at least quarterly but not more ofren than monthly using a reporting fonnat approved by the State. Reports must include a brief outline of training services provided and equipment costs incurred. Report must be submitted to the State's Authorized Representative with an itemized invoice for expense reimbursement. The State's Authorized Representative will review for approval equipment and training costs claims. 3 Payment 3.1 Tl�e State will reimburse the Goveminental Llnit no more than $6,300.�0 from October 1, 2001 through 7une 30, 2002 an additional $10,200.00 from July 1, 2002 through June 30, 2003 for Govemmental Unit's bomb disposal unit responding to ca11s as specified under Clauses 21 and 22 of this agreement, and in accordance with the following: (a) The Governmental Unit will be reimbursed at a flat rate of $150.00 per hour for services provided (from start to finish) when responding to calls. This flat rate is inclusive of the bomb disposal unit and services provided. (b) Reimbursement is limited to the extent of appropriated funds. (c) Funds not expended by the Governmental Unit during the first state fiscal year of this agreement will be canceled and re-esCablished in the following sYate fiscal year of this agreement. 3.2 The State will reimburse the Govemmental Unit no more than $13,830.00 from October l, 2001 through June 30, 2402 and an additional $13,830.00 from 7uly l, 2002, through, June 30, 2Q03 for training bomb disposal unit members and far purchasing of equipment for use by approved bomb disposal units. 33 The State will make payments to the Governmental Unit promptly after the Govemmental Unit's presentation of invoices for services performed, and/or equipment or training purchased or provided and acceptance of such services by the State's Authorized Representative pursuant to Clause 4 of this agreement. Invoices will be submitted in a form prescribed by the State and in accordance with the following schedule: (a) Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly and within 30 days of the period covered by the invoice for work performed or for equipment or training purchased or provided. Final invoice for the first state fiscal year of this agreement must be received no later than July 31, 2002. Reimbursement from the second state fiscal year may commence on or after July I, 2002. The final invoice pertaining to the second year of this agreement must be received no later than July 31, 2003. (b} Expenditures of each state fiscal year of this agreement must be for services performed within applicable Join[ powers Ageement (Rev. 12/00) \Vife?\file\Bomb Squads\Contacts FY200&3\SLPauI FY2002.doc , 0�-1ooY CFMS Contract No. A26568 state fiscal year and within the terms of this agreement. (c) Funds specified for the second state fiscal year of this agreement may not be expended unril July 1, 2002. (d) Funds specified in Clauses 3.1 and 3.2 of this agreement are not interchangeable. The total obligation of the State for all reimbursement to the Govemmental Unit under this agreement will not exceed $44,160.00. 4 Authorized Representarives The State's Authorized Representative is Paul Ahles, Senior Planner Hazardous Materials, 444 Cedar Street, Suite 223, St. Paul MN 55101-6223, (6S1) 296.0453, or hislher successor or designee. The Governmental UniYs Authorized Representative is Larry Rogers Sargent, 100 East l l�' Street, St. Paul MN 55101, (651) 291-1 ll 1, or his/her successor or designee. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignmenz The Governmental Unit may neither assign nor transfer any rights or obligations under this aa eement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 A�nendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for their own acts and behavior and the results thereof. The Govemmental Unit's liability is governed by the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The State's liability is governed pursuant to the provisions of Minnesota Statutes, Chapter 176192, and Chapter 3.732, Subd I., paragraph (2), during operations authorized under Section 299C.063 operating outside their geographic jurisdiction. The Governmental UniYs Bomb Aisposal Unit Employees operating outside their geographic jurisdiction are employees of the Department of Public Safety when disposing of or neutralizing bombs or other similar hazardous explosives, as defined in Section 299C.063. Coverage is initiated once the bomb squad unit is activated and outside its geographic jurisdiction for purposes of this chapter 299C.063, for another municipality or otherwise outside the jurisdiction of the employer-municipality but within the state. This clause shall not be construed to bar any legal remedies the Govemmental Unit may have for the State's failure to fulfill its obligations pursuant to this agreement. The Governmental UniY s geographic jurisdiction is defined as follows: For purposes of this agreement, the Governmental Unit's normal geographic jurisdiction is the corporate city limits of the city of Saint Paul, Minnesota. loint Powers Agreement (ftev. 12/00) \�Eile2\file\Bomb Squads\Contraccs FY2002-3\StPaul FY20UZ.doc n �_ �ooY CFMS Coniract No. A26S68 7 Warkers' Compensation The Governmental Unit certifies that it has complied with the �vorkers' compensation insurance coverage requirement ofMinn. Stat. § 176.181, subd. 2. Except, in accordance with provisions of Minn. Stat. § 176.192 Bomb Disposal Unit Employees: For purposes of this chapter, a member of a bomb disposal unit approved by the commissioner of public safety and employed by a municipality defined in section 466.01, is considered an employee of the department of public safety solely for the purposes of this chapter when disposing of or neutralizing bombs or other similar hazardous explosives, as defined in section 299C.063, for another municipality or other�vise outside the jurisdiction of the employer- municipality but within the state. The Govemmental UniYs geographic jurisdiction is defined as follows: For purposes of this agreement, the Govemmental UniYs normal geographic jurisdiction is the corporate city limits of the city of Saint Paul, Minnesota. State Audits Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of siY years from the end of this agreement. 9 Government Data Practices The Govermnental Unit and State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, coilected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refened to in this clause by either the Govemmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions conceming the release of the data to the requesting party before the data is released. 10 Venue V enue for all legal proceedin�s out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. 11.2 Termination for Insuffrcient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Govercunental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Govemmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or loint Powers Ageement (Rev. I2/00) Ufile2\file\Bomb Squads\Contncts FY2002-3\St.Paul FY2002.doc ,� o�-�aop� CFMS Contract No. A265b$ other funding source, not to appropriate funds. The State must provide the Govemmentai Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION Individzeal certiftes that funds hatie been encumbered As r•equir-ed by Minn. Stat. §§ 1 bA.15 and 16C.05. Signed: Date: ' CFMS Contract No. A-� (� � 2. GOVERNMENTAL UNIT By: Title: Date: 5. ATTORNEY GENERAL As to form and execution By: Title: Date: Distribution: Agency Governmental Unit State's Authorized R presentati - Photo Copy 3. STATE AGENCY,' By: _ (with Title: authority} . COMMISSIONER OF ADMTNISTRATION delegated to Materials Management Division : ` � ��,� ( Q � � ��e ✓c�e-- � �af ��" St�VtC<��1 � L�Cj � �eev� ,S' `P2.�. loint Powers Agreemrnt (Rev. 12/00) \\file2\file\Bomb Squads\Contracrs FY2002-3\StPaul FY2002.doc ORIGINAL Presented By: Council File # � �' �� a � Green Sheet # 113556 �� Referred To: Committee:Date: 1 RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement with the State of Minnesota to respond to requests for Ordnance Disposal Services from 3 October 1, 2001 through June 30, 2003. A copy of said agreement shall be kept on file and on record 4 in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: eenanav 0 Adoption erhfied by Council BY• --� _ 1- Approved by Mayor: Date: �j� : g'Q�/ By: � odustateofmn-2001-2003 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Form By: Appro b ayor for u 's�to Council: By:_ � 08129/2001 GREEN SHEET , ` INfTIAL/DATE 292-3588 TOTAL # OF SIGNATURE PAGES REQUES7ED � AiTpWEY� �� WNCIALSERVILES WR _ � v IewvOR(ORASSUTMfII_ �o. 113556 INf�IAI/UA7E couwca 1 A I -- CLEILC O � _ �__( ' Y ,qii �w�n�u.� SER1//ALCTG �uriw RN'alfB (CLIP ALL LOCATIONS FOR SIGNATURE) Signatuies iequested on the attached council resolution authorizing the Saint Paul Police Department to RECiE�VE� enter into an agreement with the State of Minnesota. The Saiut Paul Police Department Ordnance Disposal (ODin will provide ordnance disposal services to other municip within the state of Minnesota. S E P 1 7 ZO O� MAYOR'S OFF{CE PLANNING COMMISSION C{B COMMITTEE CIVIL SERVICE COMMISSION Has this person/firm ever worked untler a Contract for this departmenY� YES NO Has this personlfi�m ever been a city employee? YES NO Does this persoNfirtn possess a skill not normally possessed by any current c�ty employee? YES NO Is this persoMfirtn a targeted vendoR YES NO Wlain all yes answers on separate sheet and attach to green sheet The St. Paul Police Deparhnent Ordnance Disposal Unit will continue to dispose of or neutralize bombs or offier similu hazazdous eaplosives for other municipalities within the state of Minnesota. The State of Minnesota will reimburse the St. Paul Police Departrnent for these services according to the attached agreement.�, s• z �_,�p '��'�'2.F,.Y? „,:_.,, .. �� The St. Paul Police Department Ordnance Disposal Unit will be reimbursed by the State of Mimiesota for ordnance disposal services provided to other xrnuiicipalities in the state of Minnesota: None. lP tJ�T APPROYEO The St: Paul Police Depart�nent will discontinue providing ordnance disposal services to other mnuicipa7iries throughout the state of Minnesota. OF TRANSACTION 8 SOURCE MFORMATION (EXPLAIN) see attached agreement State of Minnesota COSLREVENUE BUDGETED (qRCLE ONE) YES ACTIVIN NUMBER credit 001-04100 odushreofrim2001-2003 �l-loo� CFMS Contract No. A26568 STATE OF MINNESOTA JOINT POWERS AGREEMENT ORlG1�lAL This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Division of Emergency Management ("State") and the City of St. Paul, St. Paul Police Deparhnent ("Governmental UniY'). Recitals Under Minn. Stat. § 471.59, subd. 10, and Minn. Stat § 299C.063, subd. 3, the State is empowered to engage such assistance as deemed necessary and enter into agreements with bomb disposal uuits. The State is in need of reimbursing State approved bomb disposal units for expenses as per Minn. Stat § 294C.063 and for training and equipment as per Minnesota 2001, 1 Special Session, Chapter 8, Article 4, Section 10. Agreement Term of Agreement 1.1 Effective date: October 1, 2001 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: June 30, 2003, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Agreement between the Parties 2.1 Definitions: The terms used in this agreement have the meaning given them in Minn. Stat. § 299C.Ob3, subd. 1: (a) `Bomb disposal unit" means a commissioner-approved unit consisting of persans who are trained and equipped to dispose of or neutralize bombs or other similar hazardous explosives and who are employed by a municipality. (b) "Commissioner" means the commissioner of public safety. (c) "Municipality" has the meaning given it in section 466.01. (d} "Hazardous explosives" means explosives as defined in section 299F.72, sub. 2., explosive devices and incendiary devices as defined in section 6Q9.668, subd. l, and all materials subject to regulation under United States Code, ritle 18, chapter 40. . 2.2 Govemmental Unit will provide the following services when responding to calls: (a) Governmental Unit is an approved bomb disposal unit, and will provide bomb squad services outside of its geographic jurisdiction for another inunicipality or otherwise outside the jurisdiction of the employer-municipality but within the state. (b) Governmental Unit will only invoice the State for expenses incurred while providing bomb disposal unit services outside its geographic jurisdiction for another municipality or otherwise outside the jurisdiction of the empioyer-municipality but within the state. Expenses incurred and invoiced to the State will be set at a flat rate of $150.00 per hour , from start to finish. Should the Govemment Unit have a contract with another entity other than the State for these services, the Governmental i3nit will not invoice the State for services covered by that contract. (c) A set flat rate of $150.00 per hour for expense reimbursement to the Governmental Unit is inclusive of the bomb squad unit and all services provided. Joint Powzrs Ageement (Rev. 12/00) \\File?\file\Bomb Squads\Concncts FY2002-3\StPaul FY2002 doc 0 �. Leop- CFMS Contract No. A26568 (d) Govemmental Unit will provide reports to the State's Authorized Representative at least quarterly, but not more often than monthly using a reporting format approved by the State. Reports must Include a brief outline of services provided and costs incurred. This report must be submitted to the State's Authorized Representative with invoice for expense reimbursement. 23 Governmental Unit will provide training and purchase equipment for approved bomb disposal units and members. (a) Separate from Clause 2.2, above, the Govemmental Unit may invoice the State for expenses incurred to provide training for bomb disposal unit members and for equipment purchased for use by bomb disposal unit. Reimbursement, ho�vever may not exceed the dollar amount specified in Clause 3.2, of this agreement. (b) Governmental Unit must comply with municipal bidding laws when puzchasing equipment, and all equipment purchased through this agreement is the property of the Governmental Unit. (c) Governmental Unit will provide reports fo the State's Authorized ftepresentative at least quarterly but not more ofren than monthly using a reporting fonnat approved by the State. Reports must include a brief outline of training services provided and equipment costs incurred. Report must be submitted to the State's Authorized Representative with an itemized invoice for expense reimbursement. The State's Authorized Representative will review for approval equipment and training costs claims. 3 Payment 3.1 Tl�e State will reimburse the Goveminental Llnit no more than $6,300.�0 from October 1, 2001 through 7une 30, 2002 an additional $10,200.00 from July 1, 2002 through June 30, 2003 for Govemmental Unit's bomb disposal unit responding to ca11s as specified under Clauses 21 and 22 of this agreement, and in accordance with the following: (a) The Governmental Unit will be reimbursed at a flat rate of $150.00 per hour for services provided (from start to finish) when responding to calls. This flat rate is inclusive of the bomb disposal unit and services provided. (b) Reimbursement is limited to the extent of appropriated funds. (c) Funds not expended by the Governmental Unit during the first state fiscal year of this agreement will be canceled and re-esCablished in the following sYate fiscal year of this agreement. 3.2 The State will reimburse the Govemmental Unit no more than $13,830.00 from October l, 2001 through June 30, 2402 and an additional $13,830.00 from 7uly l, 2002, through, June 30, 2Q03 for training bomb disposal unit members and far purchasing of equipment for use by approved bomb disposal units. 33 The State will make payments to the Governmental Unit promptly after the Govemmental Unit's presentation of invoices for services performed, and/or equipment or training purchased or provided and acceptance of such services by the State's Authorized Representative pursuant to Clause 4 of this agreement. Invoices will be submitted in a form prescribed by the State and in accordance with the following schedule: (a) Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly and within 30 days of the period covered by the invoice for work performed or for equipment or training purchased or provided. Final invoice for the first state fiscal year of this agreement must be received no later than July 31, 2002. Reimbursement from the second state fiscal year may commence on or after July I, 2002. The final invoice pertaining to the second year of this agreement must be received no later than July 31, 2003. (b} Expenditures of each state fiscal year of this agreement must be for services performed within applicable Join[ powers Ageement (Rev. 12/00) \Vife?\file\Bomb Squads\Contacts FY200&3\SLPauI FY2002.doc , 0�-1ooY CFMS Contract No. A26568 state fiscal year and within the terms of this agreement. (c) Funds specified for the second state fiscal year of this agreement may not be expended unril July 1, 2002. (d) Funds specified in Clauses 3.1 and 3.2 of this agreement are not interchangeable. The total obligation of the State for all reimbursement to the Govemmental Unit under this agreement will not exceed $44,160.00. 4 Authorized Representarives The State's Authorized Representative is Paul Ahles, Senior Planner Hazardous Materials, 444 Cedar Street, Suite 223, St. Paul MN 55101-6223, (6S1) 296.0453, or hislher successor or designee. The Governmental UniYs Authorized Representative is Larry Rogers Sargent, 100 East l l�' Street, St. Paul MN 55101, (651) 291-1 ll 1, or his/her successor or designee. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignmenz The Governmental Unit may neither assign nor transfer any rights or obligations under this aa eement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 A�nendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for their own acts and behavior and the results thereof. The Govemmental Unit's liability is governed by the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The State's liability is governed pursuant to the provisions of Minnesota Statutes, Chapter 176192, and Chapter 3.732, Subd I., paragraph (2), during operations authorized under Section 299C.063 operating outside their geographic jurisdiction. The Governmental UniYs Bomb Aisposal Unit Employees operating outside their geographic jurisdiction are employees of the Department of Public Safety when disposing of or neutralizing bombs or other similar hazardous explosives, as defined in Section 299C.063. Coverage is initiated once the bomb squad unit is activated and outside its geographic jurisdiction for purposes of this chapter 299C.063, for another municipality or otherwise outside the jurisdiction of the employer-municipality but within the state. This clause shall not be construed to bar any legal remedies the Govemmental Unit may have for the State's failure to fulfill its obligations pursuant to this agreement. The Governmental UniY s geographic jurisdiction is defined as follows: For purposes of this agreement, the Governmental Unit's normal geographic jurisdiction is the corporate city limits of the city of Saint Paul, Minnesota. loint Powers Agreement (ftev. 12/00) \�Eile2\file\Bomb Squads\Contraccs FY2002-3\StPaul FY20UZ.doc n �_ �ooY CFMS Coniract No. A26S68 7 Warkers' Compensation The Governmental Unit certifies that it has complied with the �vorkers' compensation insurance coverage requirement ofMinn. Stat. § 176.181, subd. 2. Except, in accordance with provisions of Minn. Stat. § 176.192 Bomb Disposal Unit Employees: For purposes of this chapter, a member of a bomb disposal unit approved by the commissioner of public safety and employed by a municipality defined in section 466.01, is considered an employee of the department of public safety solely for the purposes of this chapter when disposing of or neutralizing bombs or other similar hazardous explosives, as defined in section 299C.063, for another municipality or other�vise outside the jurisdiction of the employer- municipality but within the state. The Govemmental UniYs geographic jurisdiction is defined as follows: For purposes of this agreement, the Govemmental UniYs normal geographic jurisdiction is the corporate city limits of the city of Saint Paul, Minnesota. State Audits Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of siY years from the end of this agreement. 9 Government Data Practices The Govermnental Unit and State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, coilected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refened to in this clause by either the Govemmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions conceming the release of the data to the requesting party before the data is released. 10 Venue V enue for all legal proceedin�s out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. 11.2 Termination for Insuffrcient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Govercunental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Govemmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or loint Powers Ageement (Rev. I2/00) Ufile2\file\Bomb Squads\Contncts FY2002-3\St.Paul FY2002.doc ,� o�-�aop� CFMS Contract No. A265b$ other funding source, not to appropriate funds. The State must provide the Govemmentai Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION Individzeal certiftes that funds hatie been encumbered As r•equir-ed by Minn. Stat. §§ 1 bA.15 and 16C.05. Signed: Date: ' CFMS Contract No. A-� (� � 2. GOVERNMENTAL UNIT By: Title: Date: 5. ATTORNEY GENERAL As to form and execution By: Title: Date: Distribution: Agency Governmental Unit State's Authorized R presentati - Photo Copy 3. STATE AGENCY,' By: _ (with Title: authority} . COMMISSIONER OF ADMTNISTRATION delegated to Materials Management Division : ` � ��,� ( Q � � ��e ✓c�e-- � �af ��" St�VtC<��1 � L�Cj � �eev� ,S' `P2.�. loint Powers Agreemrnt (Rev. 12/00) \\file2\file\Bomb Squads\Contracrs FY2002-3\StPaul FY2002.doc ORIGINAL Presented By: Council File # � �' �� a � Green Sheet # 113556 �� Referred To: Committee:Date: 1 RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement with the State of Minnesota to respond to requests for Ordnance Disposal Services from 3 October 1, 2001 through June 30, 2003. A copy of said agreement shall be kept on file and on record 4 in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: eenanav 0 Adoption erhfied by Council BY• --� _ 1- Approved by Mayor: Date: �j� : g'Q�/ By: � odustateofmn-2001-2003 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Form By: Appro b ayor for u 's�to Council: By:_ � 08129/2001 GREEN SHEET , ` INfTIAL/DATE 292-3588 TOTAL # OF SIGNATURE PAGES REQUES7ED � AiTpWEY� �� WNCIALSERVILES WR _ � v IewvOR(ORASSUTMfII_ �o. 113556 INf�IAI/UA7E couwca 1 A I -- CLEILC O � _ �__( ' Y ,qii �w�n�u.� SER1//ALCTG �uriw RN'alfB (CLIP ALL LOCATIONS FOR SIGNATURE) Signatuies iequested on the attached council resolution authorizing the Saint Paul Police Department to RECiE�VE� enter into an agreement with the State of Minnesota. The Saiut Paul Police Department Ordnance Disposal (ODin will provide ordnance disposal services to other municip within the state of Minnesota. S E P 1 7 ZO O� MAYOR'S OFF{CE PLANNING COMMISSION C{B COMMITTEE CIVIL SERVICE COMMISSION Has this person/firm ever worked untler a Contract for this departmenY� YES NO Has this personlfi�m ever been a city employee? YES NO Does this persoNfirtn possess a skill not normally possessed by any current c�ty employee? YES NO Is this persoMfirtn a targeted vendoR YES NO Wlain all yes answers on separate sheet and attach to green sheet The St. Paul Police Deparhnent Ordnance Disposal Unit will continue to dispose of or neutralize bombs or offier similu hazazdous eaplosives for other municipalities within the state of Minnesota. The State of Minnesota will reimburse the St. Paul Police Departrnent for these services according to the attached agreement.�, s• z �_,�p '��'�'2.F,.Y? „,:_.,, .. �� The St. Paul Police Department Ordnance Disposal Unit will be reimbursed by the State of Mimiesota for ordnance disposal services provided to other xrnuiicipalities in the state of Minnesota: None. lP tJ�T APPROYEO The St: Paul Police Depart�nent will discontinue providing ordnance disposal services to other mnuicipa7iries throughout the state of Minnesota. OF TRANSACTION 8 SOURCE MFORMATION (EXPLAIN) see attached agreement State of Minnesota COSLREVENUE BUDGETED (qRCLE ONE) YES ACTIVIN NUMBER credit 001-04100 odushreofrim2001-2003 �l-loo� CFMS Contract No. A26568 STATE OF MINNESOTA JOINT POWERS AGREEMENT ORlG1�lAL This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Division of Emergency Management ("State") and the City of St. Paul, St. Paul Police Deparhnent ("Governmental UniY'). Recitals Under Minn. Stat. § 471.59, subd. 10, and Minn. Stat § 299C.063, subd. 3, the State is empowered to engage such assistance as deemed necessary and enter into agreements with bomb disposal uuits. The State is in need of reimbursing State approved bomb disposal units for expenses as per Minn. Stat § 294C.063 and for training and equipment as per Minnesota 2001, 1 Special Session, Chapter 8, Article 4, Section 10. Agreement Term of Agreement 1.1 Effective date: October 1, 2001 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: June 30, 2003, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Agreement between the Parties 2.1 Definitions: The terms used in this agreement have the meaning given them in Minn. Stat. § 299C.Ob3, subd. 1: (a) `Bomb disposal unit" means a commissioner-approved unit consisting of persans who are trained and equipped to dispose of or neutralize bombs or other similar hazardous explosives and who are employed by a municipality. (b) "Commissioner" means the commissioner of public safety. (c) "Municipality" has the meaning given it in section 466.01. (d} "Hazardous explosives" means explosives as defined in section 299F.72, sub. 2., explosive devices and incendiary devices as defined in section 6Q9.668, subd. l, and all materials subject to regulation under United States Code, ritle 18, chapter 40. . 2.2 Govemmental Unit will provide the following services when responding to calls: (a) Governmental Unit is an approved bomb disposal unit, and will provide bomb squad services outside of its geographic jurisdiction for another inunicipality or otherwise outside the jurisdiction of the employer-municipality but within the state. (b) Governmental Unit will only invoice the State for expenses incurred while providing bomb disposal unit services outside its geographic jurisdiction for another municipality or otherwise outside the jurisdiction of the empioyer-municipality but within the state. Expenses incurred and invoiced to the State will be set at a flat rate of $150.00 per hour , from start to finish. Should the Govemment Unit have a contract with another entity other than the State for these services, the Governmental i3nit will not invoice the State for services covered by that contract. (c) A set flat rate of $150.00 per hour for expense reimbursement to the Governmental Unit is inclusive of the bomb squad unit and all services provided. Joint Powzrs Ageement (Rev. 12/00) \\File?\file\Bomb Squads\Concncts FY2002-3\StPaul FY2002 doc 0 �. Leop- CFMS Contract No. A26568 (d) Govemmental Unit will provide reports to the State's Authorized Representative at least quarterly, but not more often than monthly using a reporting format approved by the State. Reports must Include a brief outline of services provided and costs incurred. This report must be submitted to the State's Authorized Representative with invoice for expense reimbursement. 23 Governmental Unit will provide training and purchase equipment for approved bomb disposal units and members. (a) Separate from Clause 2.2, above, the Govemmental Unit may invoice the State for expenses incurred to provide training for bomb disposal unit members and for equipment purchased for use by bomb disposal unit. Reimbursement, ho�vever may not exceed the dollar amount specified in Clause 3.2, of this agreement. (b) Governmental Unit must comply with municipal bidding laws when puzchasing equipment, and all equipment purchased through this agreement is the property of the Governmental Unit. (c) Governmental Unit will provide reports fo the State's Authorized ftepresentative at least quarterly but not more ofren than monthly using a reporting fonnat approved by the State. Reports must include a brief outline of training services provided and equipment costs incurred. Report must be submitted to the State's Authorized Representative with an itemized invoice for expense reimbursement. The State's Authorized Representative will review for approval equipment and training costs claims. 3 Payment 3.1 Tl�e State will reimburse the Goveminental Llnit no more than $6,300.�0 from October 1, 2001 through 7une 30, 2002 an additional $10,200.00 from July 1, 2002 through June 30, 2003 for Govemmental Unit's bomb disposal unit responding to ca11s as specified under Clauses 21 and 22 of this agreement, and in accordance with the following: (a) The Governmental Unit will be reimbursed at a flat rate of $150.00 per hour for services provided (from start to finish) when responding to calls. This flat rate is inclusive of the bomb disposal unit and services provided. (b) Reimbursement is limited to the extent of appropriated funds. (c) Funds not expended by the Governmental Unit during the first state fiscal year of this agreement will be canceled and re-esCablished in the following sYate fiscal year of this agreement. 3.2 The State will reimburse the Govemmental Unit no more than $13,830.00 from October l, 2001 through June 30, 2402 and an additional $13,830.00 from 7uly l, 2002, through, June 30, 2Q03 for training bomb disposal unit members and far purchasing of equipment for use by approved bomb disposal units. 33 The State will make payments to the Governmental Unit promptly after the Govemmental Unit's presentation of invoices for services performed, and/or equipment or training purchased or provided and acceptance of such services by the State's Authorized Representative pursuant to Clause 4 of this agreement. Invoices will be submitted in a form prescribed by the State and in accordance with the following schedule: (a) Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly and within 30 days of the period covered by the invoice for work performed or for equipment or training purchased or provided. Final invoice for the first state fiscal year of this agreement must be received no later than July 31, 2002. Reimbursement from the second state fiscal year may commence on or after July I, 2002. The final invoice pertaining to the second year of this agreement must be received no later than July 31, 2003. (b} Expenditures of each state fiscal year of this agreement must be for services performed within applicable Join[ powers Ageement (Rev. 12/00) \Vife?\file\Bomb Squads\Contacts FY200&3\SLPauI FY2002.doc , 0�-1ooY CFMS Contract No. A26568 state fiscal year and within the terms of this agreement. (c) Funds specified for the second state fiscal year of this agreement may not be expended unril July 1, 2002. (d) Funds specified in Clauses 3.1 and 3.2 of this agreement are not interchangeable. The total obligation of the State for all reimbursement to the Govemmental Unit under this agreement will not exceed $44,160.00. 4 Authorized Representarives The State's Authorized Representative is Paul Ahles, Senior Planner Hazardous Materials, 444 Cedar Street, Suite 223, St. Paul MN 55101-6223, (6S1) 296.0453, or hislher successor or designee. The Governmental UniYs Authorized Representative is Larry Rogers Sargent, 100 East l l�' Street, St. Paul MN 55101, (651) 291-1 ll 1, or his/her successor or designee. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignmenz The Governmental Unit may neither assign nor transfer any rights or obligations under this aa eement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 A�nendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for their own acts and behavior and the results thereof. The Govemmental Unit's liability is governed by the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The State's liability is governed pursuant to the provisions of Minnesota Statutes, Chapter 176192, and Chapter 3.732, Subd I., paragraph (2), during operations authorized under Section 299C.063 operating outside their geographic jurisdiction. The Governmental UniYs Bomb Aisposal Unit Employees operating outside their geographic jurisdiction are employees of the Department of Public Safety when disposing of or neutralizing bombs or other similar hazardous explosives, as defined in Section 299C.063. Coverage is initiated once the bomb squad unit is activated and outside its geographic jurisdiction for purposes of this chapter 299C.063, for another municipality or otherwise outside the jurisdiction of the employer-municipality but within the state. This clause shall not be construed to bar any legal remedies the Govemmental Unit may have for the State's failure to fulfill its obligations pursuant to this agreement. The Governmental UniY s geographic jurisdiction is defined as follows: For purposes of this agreement, the Governmental Unit's normal geographic jurisdiction is the corporate city limits of the city of Saint Paul, Minnesota. loint Powers Agreement (ftev. 12/00) \�Eile2\file\Bomb Squads\Contraccs FY2002-3\StPaul FY20UZ.doc n �_ �ooY CFMS Coniract No. A26S68 7 Warkers' Compensation The Governmental Unit certifies that it has complied with the �vorkers' compensation insurance coverage requirement ofMinn. Stat. § 176.181, subd. 2. Except, in accordance with provisions of Minn. Stat. § 176.192 Bomb Disposal Unit Employees: For purposes of this chapter, a member of a bomb disposal unit approved by the commissioner of public safety and employed by a municipality defined in section 466.01, is considered an employee of the department of public safety solely for the purposes of this chapter when disposing of or neutralizing bombs or other similar hazardous explosives, as defined in section 299C.063, for another municipality or other�vise outside the jurisdiction of the employer- municipality but within the state. The Govemmental UniYs geographic jurisdiction is defined as follows: For purposes of this agreement, the Govemmental UniYs normal geographic jurisdiction is the corporate city limits of the city of Saint Paul, Minnesota. State Audits Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of siY years from the end of this agreement. 9 Government Data Practices The Govermnental Unit and State must comply with the Minnesota Govemment Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, coilected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refened to in this clause by either the Govemmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions conceming the release of the data to the requesting party before the data is released. 10 Venue V enue for all legal proceedin�s out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. 11.2 Termination for Insuffrcient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Govercunental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Govemmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or loint Powers Ageement (Rev. I2/00) Ufile2\file\Bomb Squads\Contncts FY2002-3\St.Paul FY2002.doc ,� o�-�aop� CFMS Contract No. A265b$ other funding source, not to appropriate funds. The State must provide the Govemmentai Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION Individzeal certiftes that funds hatie been encumbered As r•equir-ed by Minn. Stat. §§ 1 bA.15 and 16C.05. Signed: Date: ' CFMS Contract No. A-� (� � 2. GOVERNMENTAL UNIT By: Title: Date: 5. ATTORNEY GENERAL As to form and execution By: Title: Date: Distribution: Agency Governmental Unit State's Authorized R presentati - Photo Copy 3. STATE AGENCY,' By: _ (with Title: authority} . COMMISSIONER OF ADMTNISTRATION delegated to Materials Management Division : ` � ��,� ( Q � � ��e ✓c�e-- � �af ��" St�VtC<��1 � L�Cj � �eev� ,S' `P2.�. loint Powers Agreemrnt (Rev. 12/00) \\file2\file\Bomb Squads\Contracrs FY2002-3\StPaul FY2002.doc