Loading...
01-1242� �' ` `- ` �` S CouncilFile # p�� ���a„ � z : t '� : ; �' f ^� � Green Sheet # 113591 Presented By: RESOLUTION OF SAINT PAUL, MINNESOTA Referred To: Committee:Date: 's 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the 2 attached agreement, which includes an indemnif'ication clause, with The State of Minnesota. The St. 3 Paul Police Department will conduct background investigations for up to eight state assigned 4 Minnesota Police Corps Cadets. A copy of this agreement is to be kept on file and on record in the 5 Office of Fxnancial 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 Adopted by Council: Date: N�,,,�� �ipp� Adop By: APPr By: Approved by Mayor for Submission to Council: By' ; y �1n , y `.��� -T l� � stateofmnbackgroundinvest-$8800 Requested by Department of: � D�'PAkTM ,T/OFFICEICOUNGIL DATE INITIATED Pafice ioi3iioi GREEN SHEET No. 113591 ' CONTACTPERSON PHO E INRV�UDA'fe INRwJDATE VV111i21llF1ririCy 292-3588 7 OEPAIZlMEN�DIRECTOR� 4 cmcounu� MUSTBEONC UNqLAGENDAeY(OATE) � ���I�4 � ❑2 cmarromgr ❑cmc =Q" .. �uwnC4LSQMCESDIR� �NRNCULLSQN//GC�G �mnTOR�ORAS515(ANi)� ❑HUMAHR16M5 TOTAL # OP SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) AC710N REQUESSED Signatures requested on the attached council resolution authorizing the St. Paul Police Department to enter into an °' agreement, wlrich includes an indemnification clause, with the State of Minnesota. RECOMMENDATION Ap()foVe (A) o� RBj2Gt (R) PERSONAL SERVICE GONTRACTS MUSTANSWERTHE FOLLOWING QUESTIONS: 1. Has this pe�soNfirtn everworked undera tonVactforthis department? ., P�P.NNlNGCOMMISSION YES NO CIB COMMITTEE 2. Has this person/firtn ever been a city employee? ��� GIVILSERVICECOMMISSION YeS NO � 3. Dces this persoNfirm possess a skill not rrortnally possessed by any curreM ciry employee? YES NO 4. Is this person/firm a targeted vendoY? YES NO Explain all yes answers on separate sheet and attach to green sheet , INITIATING PROBLEM ISSUE, OPPOR7UNITY (WHQ WHAT, WHEN, WHERE, WHY) ` The St. Paul Police Deparhnent will conducf liackground inves6gations for up to eight state assigaed Minnesota Police Corps Cadeu. The State of Minnesota will reixnburse the city $1,100 for each background invesrigarion �, �� ' conducted by the St. Paui Police Deparlment. ���'`��� ��' r ��� �. � �� '� ADVANTAGESIFAPPROVED The St. Paul Police Depariment will conduct ernployment backgrounds for future potential St. Paul Police Deparhiient - academy recruits. i = , � � DISADVANTAGESIFAPPROVED None. �{�}� l 4 2��' � ?, � X 'r"'A"/! DISADVANTAGES IF NOTAPPROVED , 3 ` '��` { a - The St, Paul Police Deparbnent will not be reimbursed from the State of Minnesota for background invesrigarions conducted for up to eight Miunesota Police Corps Cadets. TOTAL AMOUNT OF TRANSAC710N $ 8,800.00 COST/REVENUE BUDGETED (CIRCLE ONE� YES NO FUNUINGSOURCE SfdteofjVlinIleSOt3 AC7NINNUMBER credit001-04000 FINANCIAL INFORMATION (EXPLAIN) CFMS Conhact No. A28910 a � -ia�l �— sTaTE oF ivrrrrNESOTA JOINT POWEI2�S AGREEI�NT This agreement is beriveen the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division ("State") and the City of Saint Paul, Saint Police Deparhnent ("Govemmental UniY�. Recita�s Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of professionaUtechnical services to perform background invesrigarions of applicants applying for the Minnesota Police Corps Program. Agreement 1 Term of Agreement 1.1 Effective date: Julv 30, 2001, or the date the State obtains all required signatures under Minnesota Statutes Secrion 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: Seotember 4, 2001, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties 2.1 The Govemmental Unit will assia background investigators to conduct background investigarions for up to eight (&) State assigned Minnesota Police Corps Cadets. 2.2 The Governmental Unit's investigators will invesrigate the background of up to eight (8) State assigned Minnesota Police Corps Cadets according to Minnesota Police Corps program standards. 23 The Govemmental UniYs assigned invesfigators will submit background invesrigations of each State assigned Minnesota Police Corps Cadet, including 5 copies of background investigation summary to the State's Viinnesota Police Corps' Deputy Director Michael W Quinn, no later than September 4, 2001. 2.4 Within 5 days after each written investigation is completed the Govemmental Unit investigators will tum over all copies, notes andlor written materials and documentarion relating to these backa ound investigations to the State's Minnesota Police Corps' Deputy Director. 2.5 The Governmental UniYs assigned investigators will complete each Minnesota Police Corps backa ound , investigation according to the `Background Tnvestigation Procedure" attached and incorporated into this agreement. 3 Consideration and Payment 3.1 Consideration. The State will pay for all services performed by the Govemmental Unit under this agreement as follows: (1) Compensa[ion. The Governmental Unit will be paid a flat rate of $1,100.00 for up to eight (8) completed background investigations, not to exceed $8,800.00. (2)Travel Expenses. All travel expenses must have prior approval by the State's Authorized Representarive of this agreement. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Govemmental Unit as a result of this agreement will not exceed �500.00; provided that the Govemmental Unit will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relarions. The Governmental Unit will not be reimbursed for travel and subsistence expenses incuned outside Minnesota unless rt has received the State's pnor written approval for out of state travel. Minnesota will be considered the home state for Jom[ Powers Ageemen[ (Rev. l2; 00) o � -i�.�} �. CFMS Contract No. A28910 deternuning whether travel is out of state. (3) Total Obligation. The total obligation of the State for all compensarion and reimbursements to the Governmental Unit under this agreement will not exceed $9,300.00. 3.2. Payment (1) Invoices. The State will promptly pay the Goveinmental Unit after the Govemmental Unit presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: One itemized invoice will be filed in arreazs and within 30 davs of the oeriod covered bv the invoice for work satisfactorilv performed Final invoice must be received no later than October 31, 2001. (2) Retainage. Under Minnesota Statutes Secfion 16C.08, subdivision 5(b), no more than 90% of the amount due under this conffact may be paid until the final product of this contract has been reviewed by the State's agency head. The balance due will be paid when the State's agency head determines that the Govemmental Unit has satisfactorily fulfilled all the terms of this contract. (3) Federal funds. (Where applicable, if blank this section does not apply) Payments under this contract will be made from federal funds obtamed by the United States Department of Justice Office of Justice, Office of the Police Coms and Law Enforcement Education (Minnesota Depariment of Public Safety Police Coms Proeraml CFDA number 16.712 of Act 42 U S.C. 14091 et. Sect. The Govemmental Unit is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Govemmental Unit's failure to comply with federal requirements. 4 Authorized Representatives The State's Authorized Representative is Jean Cemenskv Staff Ser¢eant 1900 West Countv Road "I° Shoreview MN 55126 or his/her successor. The Govemmental UniYs Authorized Representative is Bill Finnev Chief Saint Paul Police De�arhnent 100 East 11`" Street. St. Paul. MN 55101. Assignment, Amendments, Waiver, and Contract Complete 51 Assignment. The Govemmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a futly executed Assignment Agreement, 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 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 al] negotiations and agreements beriveen the State and the Govemmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Liabiliry The Govemmental Umt will indemnify, save, and hotd the State, its agents, and employees harmless from any claims or causes of action, inciuding attomey's fees incurred by the State, arising from the performance of this agreement by the Governmental Umt or the Govemmental Unit's agents or employees only to the maYimum limits of its municipal tort liability limits set forth in Minnesota Statute 466.01 et seq. and any indemnifications made by the Governmental Unit under this Agreement are accordingiy governed and limited This indemnification shall not be construed as a waiver of the municipal tort liability limits set forth in Minnesota Statute 466.01 et seq.. This ctause wiil not be conshued to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations Jomt Powers Ag'eement (Re¢ 12/00) 01- ta.�{ � CFMS ContractNo. A28910 under this agreement. 7 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Govemmental Unit's books, records, documents, and accounting procedures and pracrices relevant to tkus ageement are subj ect to examination by the State and/or the State Auditor or Legislarive Auditor, as appropriate, for a minimum of six yeazs from the end of this agreement. 8 Government Data Pracrices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Vlinn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, 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 referred to in this clause by either the Goveinmental Unit or the State. If the Govemmental Unit receives a request to release the data referred to in this Clause, the Govemmental Unit must iznmediately notify the State. The State will give the Govemmental Unit insmzctions conceming the release of the data to the requesting party before the data is released. Venue Venue for all legal 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 101 Termination. The State or the Govemmental Unit may terminate this agreement at any time, with or wnthout cause, upon 30 days' written notice to the other parry. 10.2 Termination fnr Instefficient Funding. The State may immediately ternunate this ab eement 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. Ternrinarion must be by written or fas notice to the Govemmental 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 fiznds aze available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that norice. Jomt Powers Agreement (Rev. 12/00) i. STATE ENCUMBI2ANCE VERIPTCATION Indiv" ualcertifiesthatfr�ndshavebeenencumberec reguve Minn. Stai. §§ 16AIS and 16C-O5. Signed: � Daze: CFMS Contract No. A- 2. GOVERNMENTAL UNIT By: Title: Dace: By: _ Ttde: Date: Distributim: Agency Govemmental Umt Sta[e'sAuthaizedRep*es ti.e-PhotoCopy � n�f- �' � 5i5r�a�� � irx,`t � �o�a_.c� ov. �(�e,�- �z2�f-�/13 CFMS Contract No. A28910 3. STATE AGENCY By: (with delegazed authoriry) Title: Date: 4. � �IONER OF ADMLYISTRATION to MateriaS Management Division o t - iaya- 5. ATTORNEY GENERAL � As ro Fortn and execurim By: _ Date: Joint Powers Ae}eement (Rev. 12/00) 4 Background Investigation Procedure Page 1 of 4 MINNESOTA POLICE CORPS a � Backqround Investiqation Procedure PURPOSE: The objective of conducting a background investigation is to identify the strengths anc weaknesses of the individual's past performance and utilize them to predict future performance as a peace officer. In order to accomplish this, five performance-related behavioral characteristics have been identified and shall be the firamework for all investigative inquiries and reporting. These characteristics with supportive rationale are: A. DependabilitV= to assist other officers, to fulfill schedule obligations, to adequate�y perform with minimal supervision, to respond to critical pubiic needs, to effectively carry out orders, to deal with confidential matters. B. Honestv: to fulfill enforcement responsibilities in a fair and impartial - manner, to offer truthful testimony, to assume responsibility for property of others, to resist and reject offers of personal favor, to not abuse pubfic authority. C. Judament: to make objective decisions under varied conditions, to properly interpret acceptable enforcement practices, to apply that degree of physical force consistent with the law. D. Social Stabilitv: to effectively interact with varying types of people, to maintain a positive image of the organization, to maintain personal moral standards consistent with public trust. E. Assertiveness: to pursue and apprehend violators, to take initiative and act independently when required, to fulfill one's enforcement responsibility under threat of personal jeopardy, to employ sufficient positive aggressiora to control incidents, to strive for self-improvement. II. PROCEDURE: The enclosed packet contains a completed applicant questionnaire, investigator workbook, and interview forms to be used to conduct a background investigation. 7hese forms should be used by the investigator to insure statewide uniformity in the background investigation process. The Deputy Director of Police Corps will coordinate all background investigations. In addition the Police Corps will obtain certified copies of afl drivina records, criminal history checks, credit historv checks and all out-of-state inauiries. If in the process of investigating, you find a need to check an out-of-state source, notify the Training Section and they will make the inquiry. Background Investigation Procedures Page 2 of 4 ot-ta.�a- Comments shouid be objective and not subjective in nature. When positive or negative comments are made, specific examples of the behavior should be noted which demonstrate the situation. if interviewees are reluctanf to divuige specific negative situations, attempt to obtain the names of other persons who may substantiate the observation. Read the completed applicant questionnaire. Note any points that you feei need clarifiication. 2. Contact the appficant to determine a date and time for the initia! interview. You may need additional releases signed and you can verify any information on the questionnaire. Each release form should have an oripinai signature. You should inform the appiicant that this is an opportunitv to add or clarifV anv information thev have listed on the guestionnaire. 3. All interviews/contacts shall be documented on the forms provided. Documentation shall include: name of person contacted; firm or business representing; address and telephone number (in case future contact is needed); date and method of interview (in person or telephone). All interviews shall be in person unless there are extenuatinq circumstances. Anything written in the comment section shall be followed up with the interview fiorms provided. 4. Check with the local sheriff, poVice and courts (criminal and civil) that the appiicant may have had contact with. If the applicant has had police contact, note the details on the narrative report. 5. Check with the applicanYs former empioyers. Go back at least 10 years and record the responses on the "Report of (Former) Employer" interview form. Check with the applicanYs personal references. Use the "Personal Reference" interview form. Develop secondary references from those that the applicant listed and interview them. You may also use this interview form for police officers the applicant has listed. 7. Interview the applicant's landlord{s). Record the responses on the "Landlord Interview" form. Check with at least 2 neighbors of the applicant. Use the "Personai Reference" fiorm as an interview guide. 8. Check with any instructors at the colleges or skiils courses. Use the "Background of Academic Records" interview form as a guide. 9. You cannot, by ADA Rules, ask questions about medical and psycho{ogical prob4ems, disabilities or workers compensation c(aims. The Background Investigation Procedures Page 3 of 4 o i - tdyr medical problems will be asked at the time of the medical examination and cannot be used during the background investigation process. If medical or psychological information is discovered during the course of the investigation, make note of the information in a separate report, seal it in an envelope and mark it for the "PsychologisY' or "Medical Doctor" whichever is appropriate and include it with the complete file. This information is not to be included in the narrative summary. 10. When the background is complete, an interview with the applicant is required. The applicant may have whomever they deem appropriate (spouse, significant other) present at the interview. During the interview: A. Clarify any discrepancies and issues arising from your background investigation. The applicant must have a chance to tell their side of the story. B. Discuss thoroughly the job description and essential functions of a peace officer. Make it clear that they will be away from home for the duration of training academy; the possibifity of having to relocate after graduation; and the various work schedules. C. Upon completion of the interview, document your observations relative to the applicanYs communication skills, attitude, and other traits pertaining to the five behavioral characteristics which would positively or negatively have an impact on the applicanYs future perEormance. 11. tlpon completion of the investigation, all facts shall be summarized on the narrative report form. The report should be divided into the following categories: • Residency . Employment . Education . References • Judicial Action/Law Enforcement Gontacts . Areas of Concern Any information obtained from the Police Corps shall be added to the narrative summary. Whenever possible, objective facts shall be included in the report. Where a person expresses an opinion about the applicant, you should note whose opinion is being given either by name or relationship to the applicant (neighbor, landlord, personal reference). The report shall be as "sterile" as possible by eliminating statements which may Background Investigation Procedures Page 4 of 4 a ► -� a.ya— indicate the applicanYs age, race, gender, national origin, mar'�tal status, disability, sfafus with regard to public assistance, orsexual orientation. When completed, the report should give the hiring authority the information necessary to decide whether or not the person would meet the minimum qualifications of a peace o�cer, based on factuai information. 12. If an app{icant decides to voluntarily withdraw from the hiring process, please use the "Candidate Withdrawal" form included in the workbook and return the entire file to the Training Section. 13: Background investigators shall not give the applicant any testing component to determine reading or writing skiils, etc. 14. Background Investigators sha(l not require the applicant to fill out any form that is not part of the Minnesota Police Corps Background Investigation Packet. � �' ` `- ` �` S CouncilFile # p�� ���a„ � z : t '� : ; �' f ^� � Green Sheet # 113591 Presented By: RESOLUTION OF SAINT PAUL, MINNESOTA Referred To: Committee:Date: 's 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the 2 attached agreement, which includes an indemnif'ication clause, with The State of Minnesota. The St. 3 Paul Police Department will conduct background investigations for up to eight state assigned 4 Minnesota Police Corps Cadets. A copy of this agreement is to be kept on file and on record in the 5 Office of Fxnancial 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 Adopted by Council: Date: N�,,,�� �ipp� Adop By: APPr By: Approved by Mayor for Submission to Council: By' ; y �1n , y `.��� -T l� � stateofmnbackgroundinvest-$8800 Requested by Department of: � D�'PAkTM ,T/OFFICEICOUNGIL DATE INITIATED Pafice ioi3iioi GREEN SHEET No. 113591 ' CONTACTPERSON PHO E INRV�UDA'fe INRwJDATE VV111i21llF1ririCy 292-3588 7 OEPAIZlMEN�DIRECTOR� 4 cmcounu� MUSTBEONC UNqLAGENDAeY(OATE) � ���I�4 � ❑2 cmarromgr ❑cmc =Q" .. �uwnC4LSQMCESDIR� �NRNCULLSQN//GC�G �mnTOR�ORAS515(ANi)� ❑HUMAHR16M5 TOTAL # OP SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) AC710N REQUESSED Signatures requested on the attached council resolution authorizing the St. Paul Police Department to enter into an °' agreement, wlrich includes an indemnification clause, with the State of Minnesota. RECOMMENDATION Ap()foVe (A) o� RBj2Gt (R) PERSONAL SERVICE GONTRACTS MUSTANSWERTHE FOLLOWING QUESTIONS: 1. Has this pe�soNfirtn everworked undera tonVactforthis department? ., P�P.NNlNGCOMMISSION YES NO CIB COMMITTEE 2. Has this person/firtn ever been a city employee? ��� GIVILSERVICECOMMISSION YeS NO � 3. Dces this persoNfirm possess a skill not rrortnally possessed by any curreM ciry employee? YES NO 4. Is this person/firm a targeted vendoY? YES NO Explain all yes answers on separate sheet and attach to green sheet , INITIATING PROBLEM ISSUE, OPPOR7UNITY (WHQ WHAT, WHEN, WHERE, WHY) ` The St. Paul Police Deparhnent will conducf liackground inves6gations for up to eight state assigaed Minnesota Police Corps Cadeu. The State of Minnesota will reixnburse the city $1,100 for each background invesrigarion �, �� ' conducted by the St. Paui Police Deparlment. ���'`��� ��' r ��� �. � �� '� ADVANTAGESIFAPPROVED The St. Paul Police Depariment will conduct ernployment backgrounds for future potential St. Paul Police Deparhiient - academy recruits. i = , � � DISADVANTAGESIFAPPROVED None. �{�}� l 4 2��' � ?, � X 'r"'A"/! DISADVANTAGES IF NOTAPPROVED , 3 ` '��` { a - The St, Paul Police Deparbnent will not be reimbursed from the State of Minnesota for background invesrigarions conducted for up to eight Miunesota Police Corps Cadets. TOTAL AMOUNT OF TRANSAC710N $ 8,800.00 COST/REVENUE BUDGETED (CIRCLE ONE� YES NO FUNUINGSOURCE SfdteofjVlinIleSOt3 AC7NINNUMBER credit001-04000 FINANCIAL INFORMATION (EXPLAIN) CFMS Conhact No. A28910 a � -ia�l �— sTaTE oF ivrrrrNESOTA JOINT POWEI2�S AGREEI�NT This agreement is beriveen the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division ("State") and the City of Saint Paul, Saint Police Deparhnent ("Govemmental UniY�. Recita�s Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of professionaUtechnical services to perform background invesrigarions of applicants applying for the Minnesota Police Corps Program. Agreement 1 Term of Agreement 1.1 Effective date: Julv 30, 2001, or the date the State obtains all required signatures under Minnesota Statutes Secrion 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: Seotember 4, 2001, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties 2.1 The Govemmental Unit will assia background investigators to conduct background investigarions for up to eight (&) State assigned Minnesota Police Corps Cadets. 2.2 The Governmental Unit's investigators will invesrigate the background of up to eight (8) State assigned Minnesota Police Corps Cadets according to Minnesota Police Corps program standards. 23 The Govemmental UniYs assigned invesfigators will submit background invesrigations of each State assigned Minnesota Police Corps Cadet, including 5 copies of background investigation summary to the State's Viinnesota Police Corps' Deputy Director Michael W Quinn, no later than September 4, 2001. 2.4 Within 5 days after each written investigation is completed the Govemmental Unit investigators will tum over all copies, notes andlor written materials and documentarion relating to these backa ound investigations to the State's Minnesota Police Corps' Deputy Director. 2.5 The Governmental UniYs assigned investigators will complete each Minnesota Police Corps backa ound , investigation according to the `Background Tnvestigation Procedure" attached and incorporated into this agreement. 3 Consideration and Payment 3.1 Consideration. The State will pay for all services performed by the Govemmental Unit under this agreement as follows: (1) Compensa[ion. The Governmental Unit will be paid a flat rate of $1,100.00 for up to eight (8) completed background investigations, not to exceed $8,800.00. (2)Travel Expenses. All travel expenses must have prior approval by the State's Authorized Representarive of this agreement. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Govemmental Unit as a result of this agreement will not exceed �500.00; provided that the Govemmental Unit will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relarions. The Governmental Unit will not be reimbursed for travel and subsistence expenses incuned outside Minnesota unless rt has received the State's pnor written approval for out of state travel. Minnesota will be considered the home state for Jom[ Powers Ageemen[ (Rev. l2; 00) o � -i�.�} �. CFMS Contract No. A28910 deternuning whether travel is out of state. (3) Total Obligation. The total obligation of the State for all compensarion and reimbursements to the Governmental Unit under this agreement will not exceed $9,300.00. 3.2. Payment (1) Invoices. The State will promptly pay the Goveinmental Unit after the Govemmental Unit presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: One itemized invoice will be filed in arreazs and within 30 davs of the oeriod covered bv the invoice for work satisfactorilv performed Final invoice must be received no later than October 31, 2001. (2) Retainage. Under Minnesota Statutes Secfion 16C.08, subdivision 5(b), no more than 90% of the amount due under this conffact may be paid until the final product of this contract has been reviewed by the State's agency head. The balance due will be paid when the State's agency head determines that the Govemmental Unit has satisfactorily fulfilled all the terms of this contract. (3) Federal funds. (Where applicable, if blank this section does not apply) Payments under this contract will be made from federal funds obtamed by the United States Department of Justice Office of Justice, Office of the Police Coms and Law Enforcement Education (Minnesota Depariment of Public Safety Police Coms Proeraml CFDA number 16.712 of Act 42 U S.C. 14091 et. Sect. The Govemmental Unit is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Govemmental Unit's failure to comply with federal requirements. 4 Authorized Representatives The State's Authorized Representative is Jean Cemenskv Staff Ser¢eant 1900 West Countv Road "I° Shoreview MN 55126 or his/her successor. The Govemmental UniYs Authorized Representative is Bill Finnev Chief Saint Paul Police De�arhnent 100 East 11`" Street. St. Paul. MN 55101. Assignment, Amendments, Waiver, and Contract Complete 51 Assignment. The Govemmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a futly executed Assignment Agreement, 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 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 al] negotiations and agreements beriveen the State and the Govemmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Liabiliry The Govemmental Umt will indemnify, save, and hotd the State, its agents, and employees harmless from any claims or causes of action, inciuding attomey's fees incurred by the State, arising from the performance of this agreement by the Governmental Umt or the Govemmental Unit's agents or employees only to the maYimum limits of its municipal tort liability limits set forth in Minnesota Statute 466.01 et seq. and any indemnifications made by the Governmental Unit under this Agreement are accordingiy governed and limited This indemnification shall not be construed as a waiver of the municipal tort liability limits set forth in Minnesota Statute 466.01 et seq.. This ctause wiil not be conshued to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations Jomt Powers Ag'eement (Re¢ 12/00) 01- ta.�{ � CFMS ContractNo. A28910 under this agreement. 7 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Govemmental Unit's books, records, documents, and accounting procedures and pracrices relevant to tkus ageement are subj ect to examination by the State and/or the State Auditor or Legislarive Auditor, as appropriate, for a minimum of six yeazs from the end of this agreement. 8 Government Data Pracrices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Vlinn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, 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 referred to in this clause by either the Goveinmental Unit or the State. If the Govemmental Unit receives a request to release the data referred to in this Clause, the Govemmental Unit must iznmediately notify the State. The State will give the Govemmental Unit insmzctions conceming the release of the data to the requesting party before the data is released. Venue Venue for all legal 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 101 Termination. The State or the Govemmental Unit may terminate this agreement at any time, with or wnthout cause, upon 30 days' written notice to the other parry. 10.2 Termination fnr Instefficient Funding. The State may immediately ternunate this ab eement 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. Ternrinarion must be by written or fas notice to the Govemmental 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 fiznds aze available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that norice. Jomt Powers Agreement (Rev. 12/00) i. STATE ENCUMBI2ANCE VERIPTCATION Indiv" ualcertifiesthatfr�ndshavebeenencumberec reguve Minn. Stai. §§ 16AIS and 16C-O5. Signed: � Daze: CFMS Contract No. A- 2. GOVERNMENTAL UNIT By: Title: Dace: By: _ Ttde: Date: Distributim: Agency Govemmental Umt Sta[e'sAuthaizedRep*es ti.e-PhotoCopy � n�f- �' � 5i5r�a�� � irx,`t � �o�a_.c� ov. �(�e,�- �z2�f-�/13 CFMS Contract No. A28910 3. STATE AGENCY By: (with delegazed authoriry) Title: Date: 4. � �IONER OF ADMLYISTRATION to MateriaS Management Division o t - iaya- 5. ATTORNEY GENERAL � As ro Fortn and execurim By: _ Date: Joint Powers Ae}eement (Rev. 12/00) 4 Background Investigation Procedure Page 1 of 4 MINNESOTA POLICE CORPS a � Backqround Investiqation Procedure PURPOSE: The objective of conducting a background investigation is to identify the strengths anc weaknesses of the individual's past performance and utilize them to predict future performance as a peace officer. In order to accomplish this, five performance-related behavioral characteristics have been identified and shall be the firamework for all investigative inquiries and reporting. These characteristics with supportive rationale are: A. DependabilitV= to assist other officers, to fulfill schedule obligations, to adequate�y perform with minimal supervision, to respond to critical pubiic needs, to effectively carry out orders, to deal with confidential matters. B. Honestv: to fulfill enforcement responsibilities in a fair and impartial - manner, to offer truthful testimony, to assume responsibility for property of others, to resist and reject offers of personal favor, to not abuse pubfic authority. C. Judament: to make objective decisions under varied conditions, to properly interpret acceptable enforcement practices, to apply that degree of physical force consistent with the law. D. Social Stabilitv: to effectively interact with varying types of people, to maintain a positive image of the organization, to maintain personal moral standards consistent with public trust. E. Assertiveness: to pursue and apprehend violators, to take initiative and act independently when required, to fulfill one's enforcement responsibility under threat of personal jeopardy, to employ sufficient positive aggressiora to control incidents, to strive for self-improvement. II. PROCEDURE: The enclosed packet contains a completed applicant questionnaire, investigator workbook, and interview forms to be used to conduct a background investigation. 7hese forms should be used by the investigator to insure statewide uniformity in the background investigation process. The Deputy Director of Police Corps will coordinate all background investigations. In addition the Police Corps will obtain certified copies of afl drivina records, criminal history checks, credit historv checks and all out-of-state inauiries. If in the process of investigating, you find a need to check an out-of-state source, notify the Training Section and they will make the inquiry. Background Investigation Procedures Page 2 of 4 ot-ta.�a- Comments shouid be objective and not subjective in nature. When positive or negative comments are made, specific examples of the behavior should be noted which demonstrate the situation. if interviewees are reluctanf to divuige specific negative situations, attempt to obtain the names of other persons who may substantiate the observation. Read the completed applicant questionnaire. Note any points that you feei need clarifiication. 2. Contact the appficant to determine a date and time for the initia! interview. You may need additional releases signed and you can verify any information on the questionnaire. Each release form should have an oripinai signature. You should inform the appiicant that this is an opportunitv to add or clarifV anv information thev have listed on the guestionnaire. 3. All interviews/contacts shall be documented on the forms provided. Documentation shall include: name of person contacted; firm or business representing; address and telephone number (in case future contact is needed); date and method of interview (in person or telephone). All interviews shall be in person unless there are extenuatinq circumstances. Anything written in the comment section shall be followed up with the interview fiorms provided. 4. Check with the local sheriff, poVice and courts (criminal and civil) that the appiicant may have had contact with. If the applicant has had police contact, note the details on the narrative report. 5. Check with the applicanYs former empioyers. Go back at least 10 years and record the responses on the "Report of (Former) Employer" interview form. Check with the applicanYs personal references. Use the "Personal Reference" interview form. Develop secondary references from those that the applicant listed and interview them. You may also use this interview form for police officers the applicant has listed. 7. Interview the applicant's landlord{s). Record the responses on the "Landlord Interview" form. Check with at least 2 neighbors of the applicant. Use the "Personai Reference" fiorm as an interview guide. 8. Check with any instructors at the colleges or skiils courses. Use the "Background of Academic Records" interview form as a guide. 9. You cannot, by ADA Rules, ask questions about medical and psycho{ogical prob4ems, disabilities or workers compensation c(aims. The Background Investigation Procedures Page 3 of 4 o i - tdyr medical problems will be asked at the time of the medical examination and cannot be used during the background investigation process. If medical or psychological information is discovered during the course of the investigation, make note of the information in a separate report, seal it in an envelope and mark it for the "PsychologisY' or "Medical Doctor" whichever is appropriate and include it with the complete file. This information is not to be included in the narrative summary. 10. When the background is complete, an interview with the applicant is required. The applicant may have whomever they deem appropriate (spouse, significant other) present at the interview. During the interview: A. Clarify any discrepancies and issues arising from your background investigation. The applicant must have a chance to tell their side of the story. B. Discuss thoroughly the job description and essential functions of a peace officer. Make it clear that they will be away from home for the duration of training academy; the possibifity of having to relocate after graduation; and the various work schedules. C. Upon completion of the interview, document your observations relative to the applicanYs communication skills, attitude, and other traits pertaining to the five behavioral characteristics which would positively or negatively have an impact on the applicanYs future perEormance. 11. tlpon completion of the investigation, all facts shall be summarized on the narrative report form. The report should be divided into the following categories: • Residency . Employment . Education . References • Judicial Action/Law Enforcement Gontacts . Areas of Concern Any information obtained from the Police Corps shall be added to the narrative summary. Whenever possible, objective facts shall be included in the report. Where a person expresses an opinion about the applicant, you should note whose opinion is being given either by name or relationship to the applicant (neighbor, landlord, personal reference). The report shall be as "sterile" as possible by eliminating statements which may Background Investigation Procedures Page 4 of 4 a ► -� a.ya— indicate the applicanYs age, race, gender, national origin, mar'�tal status, disability, sfafus with regard to public assistance, orsexual orientation. When completed, the report should give the hiring authority the information necessary to decide whether or not the person would meet the minimum qualifications of a peace o�cer, based on factuai information. 12. If an app{icant decides to voluntarily withdraw from the hiring process, please use the "Candidate Withdrawal" form included in the workbook and return the entire file to the Training Section. 13: Background investigators shall not give the applicant any testing component to determine reading or writing skiils, etc. 14. Background Investigators sha(l not require the applicant to fill out any form that is not part of the Minnesota Police Corps Background Investigation Packet.