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01-10090 R I G i�I A L Council File # o�. �o o q Green Sheet # 111815 Presented By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA ao Referred To: Committee:Date: 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the 2 attached agreement, which includes an indemnification clause, with the State of Minnesota The St 3 Paul Police Department will provide psychological consultation to the P.O.S.T. Board for the period 4 from July 1, 2001 through June 30, 2002. A copy of this agreement is to be kept on file and on record 5 in the Office of Financial Services. 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 Bostrom Adopted by Council: Date� a� Adoption Certitied by Council Secretary: BY� _�� .l , � �� Approved by Mayor: 3 �� a By � � ✓'��"� stateofmn preemploymentscreening Approv ayor for � to Cuuncil: B y� � - Requested by Department of: DEPARTMENT/OFFICEICOUNCIL DATE INITIATED �'� p � si6ioi GREEN EET No. 111815 ' � � ACT ERS N PH NE .. - - - • �N � � " INrtWVDA7E ' � . . ...., . _ . _,,... ,. ...... . . ��, U WilliamFi�ey 292-3588 7 �mn �� 4 couxc�� MUST BE ON COUNCIL AGENDA BY �DA7E) �� ^ 0' �L�p � , ■ � p�iATTOFINEY� , FITYCLERI( �.� u �nw�w.uu°.6NICESOrtt_ �36NIACCSG � �r yewYOR(ORASSIS�AMi) , B�u�nfB�HlS `i �..�.1 70TAL # OP SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REpUESTED RECENED Signatures requested on the attached council resolution authorizing the St Paul Police Department to enter into an agreement, wluch includes an indemnification clause, with the State oPMinnesota. SEP 1�? p(11 MAYQR'S OFFlCE � RECOMMENDATION Approve (A) or R¢ject (R) PERSONAL SEFMCE CONTRACTS MUS7 ANSWER THE FOLLOwING QUES710NS: 1 Has this persoNfirm ever worked untler a contrac[ for this depaftment? " PLANNING COMMISSION YES NO „ CIB COMMITTEE 2. Has this person/firm ever been a cityemplopee? CIVIL SERVICE COMMISSION YES NO , 3. Does this persoNfirtn possess a skill not nortnally possessed by any cu�rerit ciry employee? YES NO 4. Is }his person/firm a targeted vendoR VES NO Ezplain ell �:s answers on separate sheet afW attach W green sfieet , INITWTING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY) The St. Paul Police Department will provide psychological consultarion to the Peace Officers Standards and Training (P.O.S.T.) Boazd in regazds to pre-employment psychological screening fox police officers and other issues as appropriate. The State of Minnesota will reimburse the ciry for these services. �,�� g��t�1 �'a�� 80� ADWANTAGESIFAPPROVED Aigher and more consistent standards fo: pre-employment psychological screening in the State of Minnesp#�. .__-- It is also anricipated that there will be an improvement in the general law enforcement applicant pool: ��""""'" "' �' DISADVANTAGESIFAPPROVED None. DISADVANTAGESIFNOTAPPROVED The St. Paul Police Depazhnent will not provide psychological consultation to the P.O.S.T. Boazd in regazds to pre-employment psychological screening for police officers. Therefore, the standards for pr�employment , psychological screening will be inconsistent. TOTAL AMOUNT OF TRANSAC710N $ See attaChed copy of agreem COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE State of Minnesota AC?NI7Y NUMBER credit 001-04000 FINANCIAL INFORMATION (EXPWN) , °�-l� 09 CFMS Contract No. A25537 STATE OF MIN�iESOTA JOIl\'T POR'ERS f9.GREEn1ENT ORIG1�lAL This a�reement is between the State of Minnesota, actin� throu�h its Executi��e Director of the Minnesota Board of Peace Officer Standards and Training ("State") and the City of St. Paul, St. Paul Police Department (�`Governmental Unit"). Recitals Under Minn. Stat. § 471 S9, subd. 10, the State is empowered to enga�e such assistance as deemed necessary. The State is in need of professionaUtechnical services pertainin� to the evaluation of pre-emplo}�nent screenin�. Agreement Term of Agreement 1.1 Effective date: Julv O1, 2001, or the date the State obtains all required si�atures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Espiratiort date: June 30, 2002, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Aareement between the Parties The Governmental Unit will assign Dennis L. Conroy, Ph. D. to work on the follo�ving project for the State and provide the State with the following services. Dennis L Conroy, Ph. D will: a) Create a lanb age change proposal to Minnesota Rules, Chapter 6700, Part 6700.1600, "Violation of Standards of Conduct", Subpart G., and submit proposal to tha Standards Committee on a date yet to be ae eed upon, but within the time frame of this agreement. He will also incorporate any amendments adopted by the Standards Committee into the proposal and present the lanwage changed proposal to the full Board on a date to be aa eed upon within the time frame of tlus agreement. b) Educate Minnesota Chief Law Enforcement Officers on best practices of pre-employment psychological screening by providing materials and/or consultation as deemed necessary by Dennis L. Conroy, Ph D. c) Evaluate the pre-employment psychological screening currently being used by the Minnesota law enforcement agencies and make appropriate recommendations, either written or verbal, when requested by Minnesota Chief Law Enforcement Officers. 3 Payment The State will pay the Governmental Unit for Dennis L. Conroy, Ph. D. services at an hourly rate of S 100.00 up to a maximum of 50 hours, not to exceed $5,000.00. The total obligation of the State for all compensation and reimbursement to the Go� ernmental Unit under this agreement will not c�ceed $5,000.00. 4 Authorized Representatives The State's Authorized Representative is Neil Melton, Executive Director, Minnesota Board of Peace Officer Standards and Trainin„ 1600 University Avenue, Suite 200, St. Paul, Minnesota 55155, or his successor. The Governmental UniYs Authorized Representative is Chief William Finney, City of St. Paul, St. Paul Police Department, 100 East 7`� Street, St. Paul, Minnesota 55101. Assignment, Amendments, Waiver, and Contract Compiete �.1 Assignment The Governmental Unit may neither assib nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Ass �onment Ab eement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. 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 oriQinal ao eement, or their successors in office. 5.3 GYaiver. If the State fails to enforce any provision of this a�reement, that failura does not waive the provision or its right to enforce it. 5.4 Cond•act Con:plete. This ao eement contains all negotiations and agreements between the State and the loint Poweis Ageemrnt (Re V2700) °�-\0 CFMS Contract No. A25537 Govemmental Unit. I�TO other understanding regarding this a�reement, whether written or oral, may be used to bind either party. Liabilitv The Governmental Unit will ind�nify, save, and hold the State, its a�ents, and employees harmless from any claims or causes of action, including attomey's fees incurred by the State, arisin� from the performance of this a�reement by the Govemmental Unit or the Govemmental UniPs agents or employees only to the masimum limits of its municipal tort Iiability limits set forth in Minnesota Statute 466.01 et seq., and any indemnification's made by the Govemmental Unit under this agreement are accordin�ly govemed and limited. This indemnification shall not be construed as a waiver of the municipal tort liability limits set forth in Minnesota Statute 466.01. This clause will not be construed to bar any leaal remedies the Govemmental Unit may have for the State's failure to fulfill its obli�ations under this agreement. 7 State Audits Under Minn. Stat. § 16CA5, subd. 5, the Governmental UniYs books, records, documents, and accounting procedures and practices relevant to this a�reement are subject to examination by the State ancUor the State Auditor or Le�islative Auditor, as appropriate, for a minunum of six years from the end of this a�reement. Government Data Practices 8. I Goveri¢Jnental Data Practices The Govemmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to a11 data provided by the State under this aa eement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this aa eement. The civil remedies of Nlinn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Govemmentai 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 releasa of the data to the requesting party before the data is released. 9 Venue Venue for all leoal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this ageement at any time, with or without cause, upon 30 days' written notice to the other party. 10.2 Ternainatiore for Insufficient Fundi�g. The State may immediately terminate this agreement if it does not obfain fundin� from the Minnesota Legislature, or other fundin� 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 Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental 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 Le�islature, or other fiznding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of fundin� within a reasonable time of the State's receiving that notice. Iom[ Powers Ageement (Rev l2/00) 0 1. STATE EYCUNIBRANCE VERIFICATIO,Y Indiridual certifies that fimdr hare been encumbered as reqxired b)� M"rsrs. Sra1. jj I6A.I5 an 6C.05. /' ,,[_{ / i // / / r Siened: � L�/�uA 1 �/(/C � � / � �� Date: CFMS Contract ' . A- 255 2. GOVERNME?�TAL UNI"C By: _ Tftle: Date: By: _ Tide: Date: CFMS Contract No. A25537 �� 3. S"CATE AGE\CY B (w detegated avthori[}�) Title: Date: 4. CO�IDIISSIO\EROFaD�f7\ISTRATIOS delegated to Materials �tanagemrnt Dicision By: _ Date: 5. ATTORNEY GENERAL As to form and execution By: _ Date: Joint Powecs Agreemen( (Rev. 12100) 3 0 R I G i�I A L Council File # o�. �o o q Green Sheet # 111815 Presented By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA ao Referred To: Committee:Date: 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the 2 attached agreement, which includes an indemnification clause, with the State of Minnesota The St 3 Paul Police Department will provide psychological consultation to the P.O.S.T. Board for the period 4 from July 1, 2001 through June 30, 2002. A copy of this agreement is to be kept on file and on record 5 in the Office of Financial Services. 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 Bostrom Adopted by Council: Date� a� Adoption Certitied by Council Secretary: BY� _�� .l , � �� Approved by Mayor: 3 �� a By � � ✓'��"� stateofmn preemploymentscreening Approv ayor for � to Cuuncil: B y� � - Requested by Department of: DEPARTMENT/OFFICEICOUNCIL DATE INITIATED �'� p � si6ioi GREEN EET No. 111815 ' � � ACT ERS N PH NE .. - - - • �N � � " INrtWVDA7E ' � . . ...., . _ . _,,... ,. ...... . . ��, U WilliamFi�ey 292-3588 7 �mn �� 4 couxc�� MUST BE ON COUNCIL AGENDA BY �DA7E) �� ^ 0' �L�p � , ■ � p�iATTOFINEY� , FITYCLERI( �.� u �nw�w.uu°.6NICESOrtt_ �36NIACCSG � �r yewYOR(ORASSIS�AMi) , B�u�nfB�HlS `i �..�.1 70TAL # OP SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REpUESTED RECENED Signatures requested on the attached council resolution authorizing the St Paul Police Department to enter into an agreement, wluch includes an indemnification clause, with the State oPMinnesota. SEP 1�? p(11 MAYQR'S OFFlCE � RECOMMENDATION Approve (A) or R¢ject (R) PERSONAL SEFMCE CONTRACTS MUS7 ANSWER THE FOLLOwING QUES710NS: 1 Has this persoNfirm ever worked untler a contrac[ for this depaftment? " PLANNING COMMISSION YES NO „ CIB COMMITTEE 2. Has this person/firm ever been a cityemplopee? CIVIL SERVICE COMMISSION YES NO , 3. Does this persoNfirtn possess a skill not nortnally possessed by any cu�rerit ciry employee? YES NO 4. Is }his person/firm a targeted vendoR VES NO Ezplain ell �:s answers on separate sheet afW attach W green sfieet , INITWTING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY) The St. Paul Police Department will provide psychological consultarion to the Peace Officers Standards and Training (P.O.S.T.) Boazd in regazds to pre-employment psychological screening fox police officers and other issues as appropriate. The State of Minnesota will reimburse the ciry for these services. �,�� g��t�1 �'a�� 80� ADWANTAGESIFAPPROVED Aigher and more consistent standards fo: pre-employment psychological screening in the State of Minnesp#�. .__-- It is also anricipated that there will be an improvement in the general law enforcement applicant pool: ��""""'" "' �' DISADVANTAGESIFAPPROVED None. DISADVANTAGESIFNOTAPPROVED The St. Paul Police Depazhnent will not provide psychological consultation to the P.O.S.T. Boazd in regazds to pre-employment psychological screening for police officers. Therefore, the standards for pr�employment , psychological screening will be inconsistent. TOTAL AMOUNT OF TRANSAC710N $ See attaChed copy of agreem COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE State of Minnesota AC?NI7Y NUMBER credit 001-04000 FINANCIAL INFORMATION (EXPWN) , °�-l� 09 CFMS Contract No. A25537 STATE OF MIN�iESOTA JOIl\'T POR'ERS f9.GREEn1ENT ORIG1�lAL This a�reement is between the State of Minnesota, actin� throu�h its Executi��e Director of the Minnesota Board of Peace Officer Standards and Training ("State") and the City of St. Paul, St. Paul Police Department (�`Governmental Unit"). Recitals Under Minn. Stat. § 471 S9, subd. 10, the State is empowered to enga�e such assistance as deemed necessary. The State is in need of professionaUtechnical services pertainin� to the evaluation of pre-emplo}�nent screenin�. Agreement Term of Agreement 1.1 Effective date: Julv O1, 2001, or the date the State obtains all required si�atures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Espiratiort date: June 30, 2002, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Aareement between the Parties The Governmental Unit will assign Dennis L. Conroy, Ph. D. to work on the follo�ving project for the State and provide the State with the following services. Dennis L Conroy, Ph. D will: a) Create a lanb age change proposal to Minnesota Rules, Chapter 6700, Part 6700.1600, "Violation of Standards of Conduct", Subpart G., and submit proposal to tha Standards Committee on a date yet to be ae eed upon, but within the time frame of this agreement. He will also incorporate any amendments adopted by the Standards Committee into the proposal and present the lanwage changed proposal to the full Board on a date to be aa eed upon within the time frame of tlus agreement. b) Educate Minnesota Chief Law Enforcement Officers on best practices of pre-employment psychological screening by providing materials and/or consultation as deemed necessary by Dennis L. Conroy, Ph D. c) Evaluate the pre-employment psychological screening currently being used by the Minnesota law enforcement agencies and make appropriate recommendations, either written or verbal, when requested by Minnesota Chief Law Enforcement Officers. 3 Payment The State will pay the Governmental Unit for Dennis L. Conroy, Ph. D. services at an hourly rate of S 100.00 up to a maximum of 50 hours, not to exceed $5,000.00. The total obligation of the State for all compensation and reimbursement to the Go� ernmental Unit under this agreement will not c�ceed $5,000.00. 4 Authorized Representatives The State's Authorized Representative is Neil Melton, Executive Director, Minnesota Board of Peace Officer Standards and Trainin„ 1600 University Avenue, Suite 200, St. Paul, Minnesota 55155, or his successor. The Governmental UniYs Authorized Representative is Chief William Finney, City of St. Paul, St. Paul Police Department, 100 East 7`� Street, St. Paul, Minnesota 55101. Assignment, Amendments, Waiver, and Contract Compiete �.1 Assignment The Governmental Unit may neither assib nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Ass �onment Ab eement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. 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 oriQinal ao eement, or their successors in office. 5.3 GYaiver. If the State fails to enforce any provision of this a�reement, that failura does not waive the provision or its right to enforce it. 5.4 Cond•act Con:plete. This ao eement contains all negotiations and agreements between the State and the loint Poweis Ageemrnt (Re V2700) °�-\0 CFMS Contract No. A25537 Govemmental Unit. I�TO other understanding regarding this a�reement, whether written or oral, may be used to bind either party. Liabilitv The Governmental Unit will ind�nify, save, and hold the State, its a�ents, and employees harmless from any claims or causes of action, including attomey's fees incurred by the State, arisin� from the performance of this a�reement by the Govemmental Unit or the Govemmental UniPs agents or employees only to the masimum limits of its municipal tort Iiability limits set forth in Minnesota Statute 466.01 et seq., and any indemnification's made by the Govemmental Unit under this agreement are accordin�ly govemed and limited. This indemnification shall not be construed as a waiver of the municipal tort liability limits set forth in Minnesota Statute 466.01. This clause will not be construed to bar any leaal remedies the Govemmental Unit may have for the State's failure to fulfill its obli�ations under this agreement. 7 State Audits Under Minn. Stat. § 16CA5, subd. 5, the Governmental UniYs books, records, documents, and accounting procedures and practices relevant to this a�reement are subject to examination by the State ancUor the State Auditor or Le�islative Auditor, as appropriate, for a minunum of six years from the end of this a�reement. Government Data Practices 8. I Goveri¢Jnental Data Practices The Govemmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to a11 data provided by the State under this aa eement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this aa eement. The civil remedies of Nlinn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Govemmentai 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 releasa of the data to the requesting party before the data is released. 9 Venue Venue for all leoal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this ageement at any time, with or without cause, upon 30 days' written notice to the other party. 10.2 Ternainatiore for Insufficient Fundi�g. The State may immediately terminate this agreement if it does not obfain fundin� from the Minnesota Legislature, or other fundin� 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 Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental 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 Le�islature, or other fiznding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of fundin� within a reasonable time of the State's receiving that notice. Iom[ Powers Ageement (Rev l2/00) 0 1. STATE EYCUNIBRANCE VERIFICATIO,Y Indiridual certifies that fimdr hare been encumbered as reqxired b)� M"rsrs. Sra1. jj I6A.I5 an 6C.05. /' ,,[_{ / i // / / r Siened: � L�/�uA 1 �/(/C � � / � �� Date: CFMS Contract ' . A- 255 2. GOVERNME?�TAL UNI"C By: _ Tftle: Date: By: _ Tide: Date: CFMS Contract No. A25537 �� 3. S"CATE AGE\CY B (w detegated avthori[}�) Title: Date: 4. CO�IDIISSIO\EROFaD�f7\ISTRATIOS delegated to Materials �tanagemrnt Dicision By: _ Date: 5. ATTORNEY GENERAL As to form and execution By: _ Date: Joint Powecs Agreemen( (Rev. 12100) 3 0 R I G i�I A L Council File # o�. �o o q Green Sheet # 111815 Presented By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA ao Referred To: Committee:Date: 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the 2 attached agreement, which includes an indemnification clause, with the State of Minnesota The St 3 Paul Police Department will provide psychological consultation to the P.O.S.T. Board for the period 4 from July 1, 2001 through June 30, 2002. A copy of this agreement is to be kept on file and on record 5 in the Office of Financial Services. 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 Bostrom Adopted by Council: Date� a� Adoption Certitied by Council Secretary: BY� _�� .l , � �� Approved by Mayor: 3 �� a By � � ✓'��"� stateofmn preemploymentscreening Approv ayor for � to Cuuncil: B y� � - Requested by Department of: DEPARTMENT/OFFICEICOUNCIL DATE INITIATED �'� p � si6ioi GREEN EET No. 111815 ' � � ACT ERS N PH NE .. - - - • �N � � " INrtWVDA7E ' � . . ...., . _ . _,,... ,. ...... . . ��, U WilliamFi�ey 292-3588 7 �mn �� 4 couxc�� MUST BE ON COUNCIL AGENDA BY �DA7E) �� ^ 0' �L�p � , ■ � p�iATTOFINEY� , FITYCLERI( �.� u �nw�w.uu°.6NICESOrtt_ �36NIACCSG � �r yewYOR(ORASSIS�AMi) , B�u�nfB�HlS `i �..�.1 70TAL # OP SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REpUESTED RECENED Signatures requested on the attached council resolution authorizing the St Paul Police Department to enter into an agreement, wluch includes an indemnification clause, with the State oPMinnesota. SEP 1�? p(11 MAYQR'S OFFlCE � RECOMMENDATION Approve (A) or R¢ject (R) PERSONAL SEFMCE CONTRACTS MUS7 ANSWER THE FOLLOwING QUES710NS: 1 Has this persoNfirm ever worked untler a contrac[ for this depaftment? " PLANNING COMMISSION YES NO „ CIB COMMITTEE 2. Has this person/firm ever been a cityemplopee? CIVIL SERVICE COMMISSION YES NO , 3. Does this persoNfirtn possess a skill not nortnally possessed by any cu�rerit ciry employee? YES NO 4. Is }his person/firm a targeted vendoR VES NO Ezplain ell �:s answers on separate sheet afW attach W green sfieet , INITWTING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY) The St. Paul Police Department will provide psychological consultarion to the Peace Officers Standards and Training (P.O.S.T.) Boazd in regazds to pre-employment psychological screening fox police officers and other issues as appropriate. The State of Minnesota will reimburse the ciry for these services. �,�� g��t�1 �'a�� 80� ADWANTAGESIFAPPROVED Aigher and more consistent standards fo: pre-employment psychological screening in the State of Minnesp#�. .__-- It is also anricipated that there will be an improvement in the general law enforcement applicant pool: ��""""'" "' �' DISADVANTAGESIFAPPROVED None. DISADVANTAGESIFNOTAPPROVED The St. Paul Police Depazhnent will not provide psychological consultation to the P.O.S.T. Boazd in regazds to pre-employment psychological screening for police officers. Therefore, the standards for pr�employment , psychological screening will be inconsistent. TOTAL AMOUNT OF TRANSAC710N $ See attaChed copy of agreem COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE State of Minnesota AC?NI7Y NUMBER credit 001-04000 FINANCIAL INFORMATION (EXPWN) , °�-l� 09 CFMS Contract No. A25537 STATE OF MIN�iESOTA JOIl\'T POR'ERS f9.GREEn1ENT ORIG1�lAL This a�reement is between the State of Minnesota, actin� throu�h its Executi��e Director of the Minnesota Board of Peace Officer Standards and Training ("State") and the City of St. Paul, St. Paul Police Department (�`Governmental Unit"). Recitals Under Minn. Stat. § 471 S9, subd. 10, the State is empowered to enga�e such assistance as deemed necessary. The State is in need of professionaUtechnical services pertainin� to the evaluation of pre-emplo}�nent screenin�. Agreement Term of Agreement 1.1 Effective date: Julv O1, 2001, or the date the State obtains all required si�atures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Espiratiort date: June 30, 2002, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Aareement between the Parties The Governmental Unit will assign Dennis L. Conroy, Ph. D. to work on the follo�ving project for the State and provide the State with the following services. Dennis L Conroy, Ph. D will: a) Create a lanb age change proposal to Minnesota Rules, Chapter 6700, Part 6700.1600, "Violation of Standards of Conduct", Subpart G., and submit proposal to tha Standards Committee on a date yet to be ae eed upon, but within the time frame of this agreement. He will also incorporate any amendments adopted by the Standards Committee into the proposal and present the lanwage changed proposal to the full Board on a date to be aa eed upon within the time frame of tlus agreement. b) Educate Minnesota Chief Law Enforcement Officers on best practices of pre-employment psychological screening by providing materials and/or consultation as deemed necessary by Dennis L. Conroy, Ph D. c) Evaluate the pre-employment psychological screening currently being used by the Minnesota law enforcement agencies and make appropriate recommendations, either written or verbal, when requested by Minnesota Chief Law Enforcement Officers. 3 Payment The State will pay the Governmental Unit for Dennis L. Conroy, Ph. D. services at an hourly rate of S 100.00 up to a maximum of 50 hours, not to exceed $5,000.00. The total obligation of the State for all compensation and reimbursement to the Go� ernmental Unit under this agreement will not c�ceed $5,000.00. 4 Authorized Representatives The State's Authorized Representative is Neil Melton, Executive Director, Minnesota Board of Peace Officer Standards and Trainin„ 1600 University Avenue, Suite 200, St. Paul, Minnesota 55155, or his successor. The Governmental UniYs Authorized Representative is Chief William Finney, City of St. Paul, St. Paul Police Department, 100 East 7`� Street, St. Paul, Minnesota 55101. Assignment, Amendments, Waiver, and Contract Compiete �.1 Assignment The Governmental Unit may neither assib nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Ass �onment Ab eement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. 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 oriQinal ao eement, or their successors in office. 5.3 GYaiver. If the State fails to enforce any provision of this a�reement, that failura does not waive the provision or its right to enforce it. 5.4 Cond•act Con:plete. This ao eement contains all negotiations and agreements between the State and the loint Poweis Ageemrnt (Re V2700) °�-\0 CFMS Contract No. A25537 Govemmental Unit. I�TO other understanding regarding this a�reement, whether written or oral, may be used to bind either party. Liabilitv The Governmental Unit will ind�nify, save, and hold the State, its a�ents, and employees harmless from any claims or causes of action, including attomey's fees incurred by the State, arisin� from the performance of this a�reement by the Govemmental Unit or the Govemmental UniPs agents or employees only to the masimum limits of its municipal tort Iiability limits set forth in Minnesota Statute 466.01 et seq., and any indemnification's made by the Govemmental Unit under this agreement are accordin�ly govemed and limited. This indemnification shall not be construed as a waiver of the municipal tort liability limits set forth in Minnesota Statute 466.01. This clause will not be construed to bar any leaal remedies the Govemmental Unit may have for the State's failure to fulfill its obli�ations under this agreement. 7 State Audits Under Minn. Stat. § 16CA5, subd. 5, the Governmental UniYs books, records, documents, and accounting procedures and practices relevant to this a�reement are subject to examination by the State ancUor the State Auditor or Le�islative Auditor, as appropriate, for a minunum of six years from the end of this a�reement. Government Data Practices 8. I Goveri¢Jnental Data Practices The Govemmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to a11 data provided by the State under this aa eement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this aa eement. The civil remedies of Nlinn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Govemmentai 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 releasa of the data to the requesting party before the data is released. 9 Venue Venue for all leoal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this ageement at any time, with or without cause, upon 30 days' written notice to the other party. 10.2 Ternainatiore for Insufficient Fundi�g. The State may immediately terminate this agreement if it does not obfain fundin� from the Minnesota Legislature, or other fundin� 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 Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental 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 Le�islature, or other fiznding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of fundin� within a reasonable time of the State's receiving that notice. Iom[ Powers Ageement (Rev l2/00) 0 1. STATE EYCUNIBRANCE VERIFICATIO,Y Indiridual certifies that fimdr hare been encumbered as reqxired b)� M"rsrs. Sra1. jj I6A.I5 an 6C.05. /' ,,[_{ / i // / / r Siened: � L�/�uA 1 �/(/C � � / � �� Date: CFMS Contract ' . A- 255 2. GOVERNME?�TAL UNI"C By: _ Tftle: Date: By: _ Tide: Date: CFMS Contract No. A25537 �� 3. S"CATE AGE\CY B (w detegated avthori[}�) Title: Date: 4. CO�IDIISSIO\EROFaD�f7\ISTRATIOS delegated to Materials �tanagemrnt Dicision By: _ Date: 5. ATTORNEY GENERAL As to form and execution By: _ Date: Joint Powecs Agreemen( (Rev. 12100) 3