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01-179ORIGINAL Presented By: Referred To: Committee:Date: O� - 1'19 107087 '� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the Saint Paul Police Department wishes to implement the attached agreement with the Pulbic Housing Agency of the City of Saint Paul (PHA) to continue the Community Oriented Policing Program (ACOP) from January 1, 2001 through December 2001; and THEREFORE BE IT RESOLVED, that the City Council authorizes the City of Saint Paul to enter into, and Chief William Finney to implement, an agreement with PHA which includes an indemnification clause. � Fi Adopted by Council: Date: '� � _ �,r �pp� --�— Adoption erhfied by Counc' Secretary: ApprovedbyMayor�ate� �i+� Z,�� By: RESOLUTION OF SAINT PAUL, MINNESOTA Council File # Green Sheet # � Approyed by Mayor for Submission to Council: BY ��1�P � E�� PHA-c2001 Requested by Department of: � D — EPART.MENTlOFFICE/COUNCIL DATE INITIATED v P! ,ou� 2/9/Ol GREEN SHEET No. 107087 CO 'TACT PE N& PHONE INITIAL/DATE INmAUDA7E WillizruFinney 292-3588 1 DEFARIMFMDIREGiOR_ 4 �rrcouxa� w ru M WT BE ON COUNGL AGENDA BY (DATE) ^ V��I� ASAP Z�wrvn,�awer / , ' ❑cmc�wc � 'wwnpuSEfmcESO�x ❑FlNRNCw_SEfN�nLGiG �1 �YAYOR(ORASSISTANf7_ �HUNNIRIGIlR TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Signatures requested on the attached Council Resolution authorizing the Ciry of Saint Paul to enter into, and Chief William Finney to implement, an agreement wiffi the Public Housing Agency of the Ciry of Saint Paul (PHA). RECOMMENDATION APp�OVE (A) O� R¢j¢G[ (R) PERSONAL SERVICE CONTRACT$ MUST ANSWER THE FOLLOWING QUESTIONS: i. Has this persoNfirtn ever worked under a wniract forthis deparimeni? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has ihis personffirtn ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3 Oces this persoNfrtn possess a skill not normally possessed by any cuneM city employee? YES NO 4. Is this person/frm a targeted vendoR YES NO Erplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI� The Saint Paul Police Department wishes to implement into an agreemern with the PHA to corninue the Coxnxnunity Oriented Policing (ACOP) Progam from January 1, � 1 ffirough December 2001. (Attached is a copy of the contract) � ADVANTAGESIFAPPROVED Ability to pazmerslup with PHA and continue the ACOP Program DISADVANTACaESIFAPPROVED None. 1 l�� /�� C V DISADVANTAGES IF NOT APPROVED ^,�,,,,,,gy �9�� g��n�( •" FEB 15 20�€ Discontinuafion of the ACOP Program �� 2��i ��TY ATTORNEl' TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE Public Housing Agency of Saint Paul ACTIVIN NUMBER ��{l�� FINANCIAL INFORMATION (EXPLAIN) Contract No. O1-063 01-►�9 CONTRACT FOR SUPPLEMENTAL POLICE SERVICES This Contract is made and entered into this 1�` day of January 2001 by and between the PUBLIC HOUSING AGENCY OF THE CITY OF SAINT P9UL ("PHA"), and the CITY OF SAINT PAiTL ("City"), actin� by and through its DEPARTMENT OF POLICE ("Police Deparhnent") for the provision of specific police services to improve the safety, security and livability of the PHA's public housing properties. WHEREAS, since 1991 the PHA and the City have collaborated to provide the community policin� program known as A Community Outreach Program ("ACOP") to create a dru� and crime-free environment and to provide for the safety and protection of residents, employees and visitors in public housing developments; and WHEREAS, the PHA has been awarded a 2000 Public Housing Drug Elimination Program (PHDEP) Grant by the United States Department of Housing and Urban Development (HiJD) for the purpose of continuing the ACOP community policing program and other drug and crime prevention activities; and WHEREAS, the City estimates that it will not be requesting reimbursement of all the 1999 PHDEP grant funds awarded for use under Contract No. 00-186. Any such unused funds may be used to reimburse the Police Department for services provided under this Contract No. O1-063 in accordance with Section 6 of this contract. WHEREAS, the PHA desires to contimie the ACOP program; and WHEREAS, the City, by and through its Police Deparhnent, desires to assist in the effort by providing effective police services at all PHA locations; NOW, THEREFORE, the PHA and the City agree as follows: Section 1. Scope of Services Provided by the City The City agrees that the services rendered by the personnel assigned to the ACOP unit under this Contract (licensed, swom police officers and non-sworn civilian employees) are in addition to baseline police services, and that routine police patrol and response to 911 calls in public housing developments will continue to be the responsibility of other Police Department personnel normally assigned to such duties in their areas. The level of these and other baseline police services �vill not be reduced. The duties and extent of services of the Police Department shall include, but shall not be limited to: A. The City, by and through its Police Department, will assign one police officer of at least the rank of sergeant and additional police officers and civilian staff as stated in the HUD-approved budget for the Public Housing Drug Elimination Program (PHDEP) grant to perform specialized patrols to enforce all state and Contract No. 01-063 ACOP 2001 Page 2 of 11 local laws and the PHA rules specified in this Contract. Swom officers shall at all tunes remain part of, subject to and in direct relationship with the Police Department's chain of command and under Police Department rules, regulations and standard operating procedures. B. The City agrees to assign police officers to targeted areas during specified periods of time identified by the PHA and a�reed upon by the Police Department as high crime or high workload periods (directed patrol), such as 6 p.m. to 2 a.m. in certain areas, to maintain a police patrol presence. C. The City agrees that the Police Department will employ a community policing concept and that ACOP personnel will be based at PHA locations as mutually a�reed between the PHA and the Police Deparhnent. The City further agrees that the Police Department will develop and maintain communications with residents and will assist in developing or enhancin� crime prevention programs in public housing communities, including "storefronts", Door Watch programs and block clubs. D. The City ap ees to collect and provide police warkload data in public housing development and crime statistics as described in the PHDEP grant application, subject to federal and Minnesota state laws. This Contract provides sufficient basis far the exchange between the City and the PHA of data and information described in the Contract. A request far information or data outside of the scope of this Contract shall be in writing. 01-1�9 E. It is further agreed that, upon proper notice but without necessity of a subpoena, police personnel will appear as witnesses in the PHA's administrative grievance procedure, civil dispossessory hearings, or other civil or court proceedings where the issue includes criminal or quasi-criminal conduct on or near public housing property involving any resident, member of a residenYs household, or any guest or guests of a resident or household membe�, or where the issue includes any criminal or quasi-criminal conduct off public housing property involving any resident or member of a resident's household. F. Without limiting any of the foregoing, the City agrees that with respect to the services to be performed by any police personnel in accordance with this Contract, the appropriate Police Department Patrol Commander or Supervisor will meet with resident leadership and management representatives of the PHA on a routine basis for the purposes of reviewin� the enforcement and prevention efforts and planning for future changes or modifications anticipated by this Contract. These meetings shall occur at least quarterly. G. The City agrees that Police Department personnel assigned to the ACOP unit work exclusively on public housing related matters, unless they are needed by the Police Department as additional support in an emergency situation. Contract No. O1-063 ACOP 2001 Pa�e 3 of 11 H. The City agrees that it will provide the assigned personnel with such basic equipment and vehicles as may be necessary and reasonable in order to allow the police officers to cany out the duties anticipated under this Contract. Any additional motor vehicles, bicycles or other equipment which are requested by and are fumished at the expense of the PHA shall remain the property of the PHA. The PHA and City may mutually agree to lease equipment or vehicles. I. The Police Department will provide at a minimum sixteen (16) hours of trainin� on community relations and interpersonal communications skills to new staff assigned to ACOP. The Police Department shall designate a command officer as the Administrative Liaison Officer, who will work in concert with the Executive Director of the PHA ar that official's designee. The Administrative Liaison Officer may be the same person as the officer of the rank of sergeant or higher, as required by Section 1.A. The Administrative Liaison Officer will perform the following duties: Coardinate the dissemination and processing of police and security reports in accordance with federal and Minnesota state laws, provide supervisory assistance, and coordinate in resolving problems or carrying out the provisions of this Contract; 2. Establish and maintain an ongoing line of communication with Police Department commanders and other police personnel; 3. Prepare quarterly progress reports and evaluations of services requested and provided under this Contract far review by the Executive Director, the Police Chief, appropriate Deputy Chiefs and Police Department commanders and others as may be requested by the Executive Direcior ar that official's designee; ot-�� 4. Initiate and monitor ongoing lines of communication with PHA staff and resident leaders to effectively employ the community policing concept and to address in a timely manner concerns raised by community leaders; 5. Assure that he or she or a designee will attend Resident Council meetings and assist in developing rzsident security programs; 6. Assist or advise the planning and implementation of other grant-funded security programs within the PHA; and Establish a clearly defined process for reporting non-emergency criminal activities, which shall include prompt reports, including "calls for service" Contract No. O1-063 ACOP 2001 Page 4 of 11 reports, by Police Department staff, in accordance with federal and Minnesota state laws, to PAA staff of criminal activities on PHA property, to facilitate appropriate response and tracking of such activities. K. The City agrees that the Police Depariment will assign at least four ACOP officers to provide law enforcement activities in the PHA's sixteen hi-rises and four family developments. These officers will form a four member "Liaison Team". The "Liaison Team" is responsible for the follo�ving: Liaison with management and maintenance staff at defined family and hi- rise sites. 2. Liaison with resident councils and residents of family and hi-rise sites. Liaison with Rec. CentersBoys and Girls Clubs at the family developments. o�•��q 4. Coordinate efforts between PHA, SPPD, attorneys, and courts, to expedite solutions to specific problems (illegal tenant behavior, violence, etc.) within PHA. 5. Crisis intervention — assist management and Human Service Coordinatars with these problems. Crime prevention — staff education, resident education, storefronts, safety and security training, police Neighborhood Assistance Officer/Reserve opportunities and training. Hi-Rise patrol and respond to requests for police services. Section Z. Scope of Services Provided by ti�e YI3A A. The PHA will provide training, «'here appropriate, to ACOP personnel on public housing management issues and �vill assist the Police Department in providing training to residents and PHA staff on community policing and crime prevention issues associated with public housing. This training shall include, but not be limited to, the following: 1. Crime prevention and security responsibilities; 2. Community organization/mobilization against the causes of and precursors to crime; Drug awareness and control; Contract No. O1-063 ACOP 2001 Page 5 of 11 4. Orientation and familiarization with the public housin� communities for the assi�ned officers; and 5. Orientation to the lease contract, and lease compliance enforcement procedures and policies. B. The PHA �vill provide the foliowin� in-kind accommodations, services and equipment: Accommodations — The PHA will provide suitable space to be used as office space at locations as mutually agreed upon between the PHA and the Police Department. 2. Services — Office space provided by the PHA will be supplied with all utilities except telephone. The PHA also shall provide all labor, equipment and materials necessary to provide routine maintenance and repair service to maintain the space in good working order, including maintenance and repair of electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances supplied by the PHA. 3. Equipment — Office space provided by the PHA will be supplied with other additional equipment mutually agreed upon in connection with the performance of this Contract. 4. Modification/Damage — The PHA will make reasonable modifications, including minor structural, electrical and mechanical changes to the accommodations provided in order to meet the City's operational needs. Any damage to the unit or equipment provided by the PHA for City employees, which the PHA determines to be above normal wear for the item or accommodation, shall be repaired or replaced by the City at the discretion of the PHA. a� -�'tq C. The PHA shall provide the Police Department with copies of any assessments, evaluations or statistical measures it produces or obtains showing results achieved by ACOP, as measured against the goals and performance objectives specified in the PHA's PHDEP grant application. D. The PHA shall adopt policies and procedures requiring its staff to promptly report to the Police Department any criminal activities occumng on PHA property, to facilitate appropriate response to and tracking of such activities. E. The PHA reserves the right to reasonably request the Police Department to replace any ACOP personnel far the following reasons: 1. Neglect ar non-performance of duties; Contract No. 01-063 ACOP 2001 Page6of11 2. Disorderly conduct, use of abusive or offensive lan�ua�e, or fi�hting; Criminal action; Ot_1'11 4. Sellin�, consuming, possessin� or being under the influence of intoxicants, includin� alcohol or illegal substances, while on ass �anment to the PHA; Substantiated complaints from public housing residents or management. The PHA shall provide written enumeration of the reasons for the request for the replacement of the ACOP personnel, including documentation and witnesses to the alleged behaviors. F. The PHA will provide the City with the applicable PHA rules and regulations for compliance with this contract. Section 3. Enforcement of Rules and Regulations A. The Folice Department is hereby empowered to enforce the following PHA rules and regulations: Unauthorized visitors in unoccupied structures of the PHA shall be removed. 2. Unauthorized visitors creating disturbance or otherwise interfering with the peaceful enjoyment of lessees on PHA property shall be removed. 3. Unauthorized visitors destroying, defacing or removing PHA property shall be removed and/or criminal enforcement actions shall be taken. With regard to the foregoing rules and regulatior.s, the Police Depar�meni is hereby authorized, on behalf of the PHA, to give criminal trespass wamings to any persons deemed to be in violation of the nxles or regulations, that is, to give notice to any violators that their entry on the property or premises is forbidden, and to arrest or cause the arrest and prosecution of any violators, when appropriate. B. The Police Department shall also enforce the parking provisions of Saint Paul Legislative Code, Section 157.20, Public Housing Agency of the City of Saint Paul — Parking Restrictions. C. The Police Department is hereby empowered to have removed any and all vehicles found pazked in violation of said rule or regulation, pursuant to established City procedure for impounding vehicles. Contract No. O1-063 ACOP 2001 Page 7 of 11 D. The Police Department is hereby empowered to enforce such additional PH.A rules and regulations and perform such other duties as shall be specified in any addenda attached hereto or incorporated herein now or in the future. E. Nothin� herein contained shall be construed as permittin� or authorizin� police officers to use any method or to act in any manner in violation of law or their sworn obligation as police officers. Section 4. Communications, Reporting and Evaluation A. Communications — Access to Information. The City agrees that the PHA will have unrestricted access to all public information, in accordance with federal and Minnesota state laws, which in any way deals with criminal activity in any of the PHA's communities. Such information includes information made public pursuant to the Minnesota Government Data Practices Act or any other law making information public or accessible to the PHA. It is further agreed that the Police Department will provide to the PHA copies of such incident reports, arrest reports or other public documents which document or substantiate actual or potential criminal activity in or connected with the public housing developments in accordance with federal and Minnesota state laws. This information will be provided at no cost by the Police Department on a regular basis in accordance with specific procedures that have been or will be established. B. Reporting. The Police Department will provide reports, in accordance with federal and Minnesota state laws, to the PHA describing the activities supported by the PHDEP grant funds. These reports may be provided monthly, quarterly or as otherwise requested by the PHA and may include the following data: 1. Hours worked: foot, bicycle, motorized, other 2. Calls/requests for seivice 3. Refenals to City/PHA/agencies 4. Suspicious persons — name and description 5. Vehicles abandonedltowed/stolen 6. Drug paraphemalia confiscated/found 7. Arrests/citations of both residents and outsiders to include a�e, sex, ethnicity 8. Property recovered/stolen 9. Counseling of residents and visitors 10. Broken lights/sidewalks ll. Gxaffiti 12. Conflict resolution; e.g., resolved apparent or actual conflict behveen two or more people 13. Vehicle license number of suspicious persons 14. Weapons violations/seized 01-1'1� Contract No. O1-063 ACOP 2001 Page 8 of 11 C. Media Coordination. The Police Department will relay to the Executive Director or his desi�nee information related to any major crime or incident that occurs on PHA property, preferably before the media is informed or as soon as possible, in accordance with federal and Minnesota state laws. D. Evaluation. The City and the PHA shall cooperate on future evaluations of the community policing program in public housing. Section 5. Plan of Operation The Police Department and the PHA shall continue to administer the ACOP community policing program as previously, consistent with the PHA's PHDEP grant applications to FILTD. At the request of either party, the parties shall jointly prepare a more specific plan of operations for use in preventing or eliminating dru� related crime. Section 6. Term of Contract This contract is effective as of January 1, 2001 and shall continue in effect until the PHDEP grant funds allowed to be spent under this contract are exhausted (estimated to be December 31, 2001}, or longer if additional fiznds are awarded by HUD ar secured from other sources, unless earlier terminated in accordance with the tercns of this Contract. Section 7. Compensation to the City A. All compensation to the City will be made on a cost reimbursement basis. The PHA will reimburse the City for services specified in this Contract in a total amount not to exceed Six Hundred Seventy Four Thousand Ninetv Dollars ($674,090) in the following expense category: Assigned Personnel Salaries $674,090 Attachment A to this Contract illustrates the approximate use of these funds. B. The PHA shall reimburse the Police Department on a monthly basis, upon performance of the proposed activities and receipt of invoices evidencing authorized expenditures. C. The city shall provide the following documentation in requesting reimbursement: Copies of Certified Payroll Time Reports documenting names, employee identification, hours worked in public housing developments, supervisory approval of the report, and supervisory verification of the necessity for any overtime worked. o�-��r Contract No. O1-063 ACOP 2001 Page 9 of 11 D. All requests for reimbursement are subj ect to the approval of the PHA's Executive Director, or that officiaPs desi�nee, and the PHA shall thereafter make payment of the approved amount within thirty days of receipt of the request for reimbursement. Section 8. Audit Requirement The City and the Police Department shall have their financial records audited annually (as part of the City's annual audit) by an independent auditor and provide to the PHA a copy of the audit report, which is required for the City as a subgrantee of federal funds. The audit shall include the PHDEP funds expended under this a�reement and shall conform to the requirements of OMB Circular A-128 or later OMB circulazs as applicable. Any audit finding relating to use of the PHDEP funds under this agreement must be addressed and cleazed in a timely manner. Section 9. Non-Discrimination The PHA, the City and the Police Department agree that in the administration of the program(s) no person shall, on the grounds of race, color, religion, creed, national origi.. or ancestry, familial status, sex, status with regard to public assistance, marital status, disability, age, sexual or affectional orientation, political or other affiliation, be excluded from participation in the program(s) or be denied benefits of the program(s) and agree to comply with all federal, state, and local laws regarding discrimination. Section 10. Data Privacy All data collected, created, received, maintained, or disseminated by the City, the Police Department or the PHA for any purposes in the course of the performance of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. 13.01 et seq., or any other applicable state statutes, any state rules adopted to implement the Act, as well as federal regulations on data privacy. The parties agree to abide striciey :;y these statutes, rules, and regulations. The PHA has designated, and the City and the Police Department agree to designate, a Responsible Authority pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, who is the individual responsible for the collection, Maintenance, use and dissemination of any set of data on individuals, government data, or summary data pursuant to this Contract. Section 11. Indemnification The City does hereby release, discharge and agree to indemnify, protect, defend and save hannless the PHA from liability for any cost, damage, expense, injury or other casualty, to any person whomsoever or property whatsoever caused by or arising out of the Police Department's use and occupancy of PHA property or services provided under this a � -�1 g Contract No. O1-063 ACOP 2001 Fage 10 of 11 Contract, provided that such indemnification shall not be applicable where a decision or Jud�ment of a court of competent jurisdiction indicates that said casualty to person or Property was the direct result of acts of commission, omission, negli�ence or fault of the PHA, its a�ents or employees. Each pariy agrees that it will be responsible for its own acts and/or omissions in canying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other parry and the results thereo£ The liability of the City of Saint Paul and the Public Housing A�ency of the City of Saint Paul, and their respective employees, officials and agents shall be �ovemed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Chapter 466, et seq. and any other applicable law. Section 12. Certifications regarding Lobbying, Debarment As required by HUD, the Police Department has executed the Certifications regarding Lobbying, Debarment and Suspension in Attachments B and C to this Contract; and the Police Department will include the same certifications when required in any subcontracts or sub grants related to this Contract. Section 13. Right of Entry, Inspection and Repair The PHA, through its authorized employees or agents, shall have the right to enter the office spaces assigned by the PHA at any time, without advance notification, when there is reasonable cause to believe an emergency exists or during regular business hours upon one (1) day's notice for the purpose of inspection or repair of the office spaces or equipment therein or for such other purpose as may be deemed necessary by the PHA. Section 14. Disposal of Personal Property The PHA shall have the right to sell, dest:oy or otherwise dispese of any personal property left on the premises by the Police Department after the Police Department has vacated or abandoned the premises. Section 15. Amendments; Termination A. Changes in the terms of this Contract may be made only by written amendment mutually agreed upon and signed by both parties. '01-1�� B. Either party may terminate this Contract upon providing ninety (90) days written notice to the other party. Such notice shall be delivered by Certified Mail, Retum Receipt Requested. Contract No. 01-063 ACOP 2001 Pa�e 11 of 11 Section 16. Attachments The following attachments aze hereby incorporated into this contract by reference: Eachibit A: Budget Narrative Exhibit B: Certification regardin� Lobbyin� Exhibit C: Certification on Debarment and Suspension This Contract supersedes the most recent contract and all other previous contracts entered into by the parties for the same purpose as this Contract is made. By signing below, the Public Housing Agency of the City of Saint Paul, and the City of Saint Paul, Department of Police enter into this Contract which shall take effect on the date stated above. ot-�'� PUBLIC HOUSl'NG AGENCY OF THE CTTY OF SAINT PAUL 0�-�1� EXHZBIT A i. ADCITION,�LLAWENFORCEMENT-ACOPir.200 BUDGET NARRRATIVE BRIEF PROGRAM DESCRIPTION: The St. Paul Police DepartmenYs ACOP community policing program provides speciai police services beyond those provided in other neighborhoods. The requested funds will support personnel costs. Funds Requested for Adivity :$697,379 (12 Month Budget) Amplified Budget Items by Object Ciass Category (From SF-424A, Section B.6.) Unit Costs PHDEP a. Personnel: ACOP Salaries: ln Kind (SPPD) Tota4 Budget (1) SPPD Sergeant @ $62,197 $62,197 $62,197 (unit commander) (7) SPPD Officers @ $51,270 $311,517 $311,517 PHDEP 2000 roll over $23,289* $23,289 SPPD Contribution $24,084 $24,084 (3) Interpreters (CLO)@ $31 740 $95 220 $95,220 Subtotal ACOP Fersonnei - 11 $430,026 $86,281 $516,307 Personnel: ACOP-PHA Liaison Team (1) SPPD Sergeant @ $59,877 $59,877 $59,877 (4) SPPD Liaison Officers @ $51 869 $207 476 $207,476 Subtotal Liaison Pessonnel - 5 $267,353 $267,353 SUB-TOTAL ALL PERSONNEL -16 b. Fringe Benefits- ACOP $697,379 $86,281 $783,660 $205,764 $205,764 Subtotal Personnel + Fringe before Overtime $697,379 $292,045 $989,424 c. Overtime Cost and Overtime Fringe - ACOP $36,785 $36,785 TOTAL SALARIES PLUS FRINGES PLUS OVERTIME $697,379 5328,530 $1,026,209 d. Training - CEU's for POST License specialized conferences $4,000 $4,000 e. Equipment - TOTAL ANNUALIZED COSTS (10)policesquadcars,@ $3,710 537,100 $37,100 f. Supplies: Consumable supplies and printing postaqe phones for ACOP office squad cell phone $0 $ 7, 8 75 $7,875 TOTAL TRAINING, EQUIPMENT, AND SUPPLIES $� $48,975 $48,975 g. Contractual No Items $0 $0 $0 h. Construction No Items $0 $0 �0 i. Other No Items $0 $0 $0 TOTAL DIRECT GOSTS $697,379 S377,805 $1,075,184 (Includes $23,289 of 2000 roll over) *This amount is an estimation by SPPD that will not be used by December 31, 2000 under contract 00-186. J/ACOP/BudnarOl.xls ` EXHIBIT B Disclosure of Lobbying Activities Complete this form to disclose 1o66ying activities pursuant [0 31 U.S C. 1352 (See reverse side for Instructions and Public Reporting 6urtlen statement) 'I. Type of Federal Action � B a. contrac[ b. grant c. cooperative agreement d. loan e. loan guarentee f. loan insurance 2. Status of Federal AMion � a. bid/offer/application � b. initial award c. post-award Approved by OMB 0348-0046 01-�19 3. RepoKType � A a. initial filing b. material change For Material Change Only year (yyyy) __ ___ quarter date of last report (mm�ddiyyyy)____,_ 4. Name and Address of Reporting Entity � Prime � Subawardee Tier __ 1 _. if known: St. Paul Police Department 100 East 11th Street Saint Paul, MN 55101 Congressional District, if known 4th 5. If Reporting Entity in No. 4 is SubaWardee, enter Name ana Atlaress of Prime The Pubfic Housing Agency of the City of St. Paul 480 Cedar St., Suite 600 Saint Paul, MN 55101 Congressional District, rf known 4[h 6. Federal DepartmentlAgency � I 7. Federai Program Name/Description U.S. Dept. of Fiousing & Urban Development Public Housing Drug Elimination Program (PHDEP) CFDA Number, if applicable � 4.854 8. Federai Action Number, if known MN46DEP0010100 9. Award Amount, if kna:'n � 982,450 'IOa. Name and Address of Lobbying Registrant (if individual, last name, first name, MI) N/A 4. Individuals Performing Services (includmq adaress d different irom No. iva 7 (last name, first name, MI) N/A 11. Amount of Payment (check all that apply) '13. Type of Payment (check ail that apply) $_ N/A ______ actual pianned � a. retainer 12. Form of Payment (check atl that apply) � b. one-time fee � a. cash � c. commission � b. irnkind; specify nature _______—_______— ------- � d. contingent fee value ________ � e. deferred _'—____________—"v_ � f other (speciry)__ __________ 14. Brief Description of Services Performed or to be Pertormed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11 NIA �5. Continuation sheets attached n Yes No 16. Information requested through ihis form is authorized by Sec.319, I Pub. L. 101-121, 103 Stat. 750, as amended by sec. 10; Pub. L. 104- 65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This in(ormation will be reported to the Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,004 for each such faiiure. Federal Use Only: Signature ___ ---------- Prini Name W��iam F. Finney ___________ _______ _ 7ine Chief of Police TelephoneNo. ____ 651-291-1111 _ _ Date (mm/dd/YriY) ----------------- -- quthorized tor Local Keproo� Standard Form•LLL EXHIBIT C Certification Regarding Debarment and Suspension U.S. Department of Housing and Urban Development O 1—t'1 � Certification A: Certifica6on Regarding Debarment, Suspertsion, and Other Responsibility �Iatters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowt- edge and belief that its principals; a. Are not presently debarred, suspended, proposed for debarment, declared ineli�ible, or volunt2rily excluded from covered transactions by 2ny Fedecal debazment or agency; b. Have no[ within a three-yeaz period precedine this proposal, been convicted of or had a civil judgment rendered a�ainst [hem for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State, or loca]) transaction or contract under a public transaction; viotation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsi£cation, or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or ]ocal) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding Ihis application/ proposal had one or more pub.ic transactions (Federal, State, or local) terminated for causo or default. Z. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shal] attach an explanation to this proposal. Instructions fo[ Certification (A) 1. By signing and submitting this psoposal, the prospective primary participant is providing the certification set oui below. 2. The inability of a person to provide [he certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submi[ an explanation of why it cannot provide the ceRification set out below. The certifi- catiea or expl2r,uticr. :rill be :^n��dered in connection with the department or agency's determination whether to enter into this trans2cr.oa. However, fai:ure ef the prospective primary participan[ to furnish a certificatior. or an explanation shall disqualify such petson from participation in this transaction. 3. The certification in this clause is a material representa[ion of fact upon which reliance was place when the depaRment or agency deter- mined to enter inio this transaction. If it is later determined ihat the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to [he Federal C:overnment, the deQartment or agency may terminate this transaction for cause of default. ?, The prospective primary participant shal] provide immzdiate writ- ten notice to the department or xgency to whom this proposal is submitced if at any time the prospective primary pazticipant learns that iu certification was erroneous when submitted or has become errone- ous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lawer tier covered transxction, participant, person, primary cov- ered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanin�s set out in the Definitions and Coverage sections of the rules implementing Executive Order ]2549. You may contact the departmeni oc agency to which this proposal is being submitted for assistance in obtaining a copy of these revulations. 6. The prospective primary participant agrees by submitting thi, proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered [ransaction with a persoa who is debarred, suspended, declared ineligible, or voluntarily excluded from paRicipation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective p:imary participant further agrees by submitting this proposal that it will include [he clause titled "Cerii£cation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction," provided by the department or agency en[ering into this covered transaction, without modi}ication, in a11 lower tier covered transactions and in all solicitations for lower tier covered transactions. 8, p participant in a covered transaction may rely upon a ceriification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A par[icipant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing wntained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is nortnally possessed by a prudent person in the ordinary course of business dealings. " 10. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transac[ion with a person who is suspended, debaned, ineligibie, or voluntacilg excluded from patticipation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of defaul[. Pa�lef2 farm HUD-2992 (3/98) ORIGINAL Presented By: Referred To: Committee:Date: O� - 1'19 107087 '� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the Saint Paul Police Department wishes to implement the attached agreement with the Pulbic Housing Agency of the City of Saint Paul (PHA) to continue the Community Oriented Policing Program (ACOP) from January 1, 2001 through December 2001; and THEREFORE BE IT RESOLVED, that the City Council authorizes the City of Saint Paul to enter into, and Chief William Finney to implement, an agreement with PHA which includes an indemnification clause. � Fi Adopted by Council: Date: '� � _ �,r �pp� --�— Adoption erhfied by Counc' Secretary: Approved by Mayor� � �i+� Z,�� By: RESOLUTION OF SAINT PAUL, MINNESOTA Council File # Green Sheet # � Approyed by Mayor for Submission to Council: BY ��1�P � E�� PHA-c2001 Requested by Department of: � D — EPART.MENTlOFFICE/COUNCIL DATE INITIATED v P! ,ou� 2/9/Ol GREEN SHEET No. 107087 CO 'TACT PE N& PHONE INITIAL/DATE INmAUDA7E WillizruFinney 292-3588 1 DEFARIMFMDIREGiOR_ 4 �rrcouxa� w ru M WT BE ON COUNGL AGENDA BY (DATE) ^ V��I� ASAP Z�wrvn,�awer / , ' ❑cmc�wc � 'wwnpuSEfmcESO�x ❑FlNRNCw_SEfN�nLGiG �1 �YAYOR(ORASSISTANf7_ �HUNNIRIGIlR TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Signatures requested on the attached Council Resolution authorizing the Ciry of Saint Paul to enter into, and Chief William Finney to implement, an agreement wiffi the Public Housing Agency of the Ciry of Saint Paul (PHA). RECOMMENDATION APp�OVE (A) O� R¢j¢G[ (R) PERSONAL SERVICE CONTRACT$ MUST ANSWER THE FOLLOWING QUESTIONS: i. Has this persoNfirtn ever worked under a wniract forthis deparimeni? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has ihis personffirtn ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3 Oces this persoNfrtn possess a skill not normally possessed by any cuneM city employee? YES NO 4. Is this person/frm a targeted vendoR YES NO Erplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI� The Saint Paul Police Department wishes to implement into an agreemern with the PHA to corninue the Coxnxnunity Oriented Policing (ACOP) Progam from January 1, � 1 ffirough December 2001. (Attached is a copy of the contract) � ADVANTAGESIFAPPROVED Ability to pazmerslup with PHA and continue the ACOP Program DISADVANTACaESIFAPPROVED None. 1 l�� /�� C V DISADVANTAGES IF NOT APPROVED ^,�,,,,,,gy �9�� g��n�( •" FEB 15 20�€ Discontinuafion of the ACOP Program �� 2��i ��TY ATTORNEl' TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE Public Housing Agency of Saint Paul ACTIVIN NUMBER ��{l�� FINANCIAL INFORMATION (EXPLAIN) Contract No. O1-063 01-►�9 CONTRACT FOR SUPPLEMENTAL POLICE SERVICES This Contract is made and entered into this 1�` day of January 2001 by and between the PUBLIC HOUSING AGENCY OF THE CITY OF SAINT P9UL ("PHA"), and the CITY OF SAINT PAiTL ("City"), actin� by and through its DEPARTMENT OF POLICE ("Police Deparhnent") for the provision of specific police services to improve the safety, security and livability of the PHA's public housing properties. WHEREAS, since 1991 the PHA and the City have collaborated to provide the community policin� program known as A Community Outreach Program ("ACOP") to create a dru� and crime-free environment and to provide for the safety and protection of residents, employees and visitors in public housing developments; and WHEREAS, the PHA has been awarded a 2000 Public Housing Drug Elimination Program (PHDEP) Grant by the United States Department of Housing and Urban Development (HiJD) for the purpose of continuing the ACOP community policing program and other drug and crime prevention activities; and WHEREAS, the City estimates that it will not be requesting reimbursement of all the 1999 PHDEP grant funds awarded for use under Contract No. 00-186. Any such unused funds may be used to reimburse the Police Department for services provided under this Contract No. O1-063 in accordance with Section 6 of this contract. WHEREAS, the PHA desires to contimie the ACOP program; and WHEREAS, the City, by and through its Police Deparhnent, desires to assist in the effort by providing effective police services at all PHA locations; NOW, THEREFORE, the PHA and the City agree as follows: Section 1. Scope of Services Provided by the City The City agrees that the services rendered by the personnel assigned to the ACOP unit under this Contract (licensed, swom police officers and non-sworn civilian employees) are in addition to baseline police services, and that routine police patrol and response to 911 calls in public housing developments will continue to be the responsibility of other Police Department personnel normally assigned to such duties in their areas. The level of these and other baseline police services �vill not be reduced. The duties and extent of services of the Police Department shall include, but shall not be limited to: A. The City, by and through its Police Department, will assign one police officer of at least the rank of sergeant and additional police officers and civilian staff as stated in the HUD-approved budget for the Public Housing Drug Elimination Program (PHDEP) grant to perform specialized patrols to enforce all state and Contract No. 01-063 ACOP 2001 Page 2 of 11 local laws and the PHA rules specified in this Contract. Swom officers shall at all tunes remain part of, subject to and in direct relationship with the Police Department's chain of command and under Police Department rules, regulations and standard operating procedures. B. The City agrees to assign police officers to targeted areas during specified periods of time identified by the PHA and a�reed upon by the Police Department as high crime or high workload periods (directed patrol), such as 6 p.m. to 2 a.m. in certain areas, to maintain a police patrol presence. C. The City agrees that the Police Department will employ a community policing concept and that ACOP personnel will be based at PHA locations as mutually a�reed between the PHA and the Police Deparhnent. The City further agrees that the Police Department will develop and maintain communications with residents and will assist in developing or enhancin� crime prevention programs in public housing communities, including "storefronts", Door Watch programs and block clubs. D. The City ap ees to collect and provide police warkload data in public housing development and crime statistics as described in the PHDEP grant application, subject to federal and Minnesota state laws. This Contract provides sufficient basis far the exchange between the City and the PHA of data and information described in the Contract. A request far information or data outside of the scope of this Contract shall be in writing. 01-1�9 E. It is further agreed that, upon proper notice but without necessity of a subpoena, police personnel will appear as witnesses in the PHA's administrative grievance procedure, civil dispossessory hearings, or other civil or court proceedings where the issue includes criminal or quasi-criminal conduct on or near public housing property involving any resident, member of a residenYs household, or any guest or guests of a resident or household membe�, or where the issue includes any criminal or quasi-criminal conduct off public housing property involving any resident or member of a resident's household. F. Without limiting any of the foregoing, the City agrees that with respect to the services to be performed by any police personnel in accordance with this Contract, the appropriate Police Department Patrol Commander or Supervisor will meet with resident leadership and management representatives of the PHA on a routine basis for the purposes of reviewin� the enforcement and prevention efforts and planning for future changes or modifications anticipated by this Contract. These meetings shall occur at least quarterly. G. The City agrees that Police Department personnel assigned to the ACOP unit work exclusively on public housing related matters, unless they are needed by the Police Department as additional support in an emergency situation. Contract No. O1-063 ACOP 2001 Pa�e 3 of 11 H. The City agrees that it will provide the assigned personnel with such basic equipment and vehicles as may be necessary and reasonable in order to allow the police officers to cany out the duties anticipated under this Contract. Any additional motor vehicles, bicycles or other equipment which are requested by and are fumished at the expense of the PHA shall remain the property of the PHA. The PHA and City may mutually agree to lease equipment or vehicles. I. The Police Department will provide at a minimum sixteen (16) hours of trainin� on community relations and interpersonal communications skills to new staff assigned to ACOP. The Police Department shall designate a command officer as the Administrative Liaison Officer, who will work in concert with the Executive Director of the PHA ar that official's designee. The Administrative Liaison Officer may be the same person as the officer of the rank of sergeant or higher, as required by Section 1.A. The Administrative Liaison Officer will perform the following duties: Coardinate the dissemination and processing of police and security reports in accordance with federal and Minnesota state laws, provide supervisory assistance, and coordinate in resolving problems or carrying out the provisions of this Contract; 2. Establish and maintain an ongoing line of communication with Police Department commanders and other police personnel; 3. Prepare quarterly progress reports and evaluations of services requested and provided under this Contract far review by the Executive Director, the Police Chief, appropriate Deputy Chiefs and Police Department commanders and others as may be requested by the Executive Direcior ar that official's designee; ot-�� 4. Initiate and monitor ongoing lines of communication with PHA staff and resident leaders to effectively employ the community policing concept and to address in a timely manner concerns raised by community leaders; 5. Assure that he or she or a designee will attend Resident Council meetings and assist in developing rzsident security programs; 6. Assist or advise the planning and implementation of other grant-funded security programs within the PHA; and Establish a clearly defined process for reporting non-emergency criminal activities, which shall include prompt reports, including "calls for service" Contract No. O1-063 ACOP 2001 Page 4 of 11 reports, by Police Department staff, in accordance with federal and Minnesota state laws, to PAA staff of criminal activities on PHA property, to facilitate appropriate response and tracking of such activities. K. The City agrees that the Police Depariment will assign at least four ACOP officers to provide law enforcement activities in the PHA's sixteen hi-rises and four family developments. These officers will form a four member "Liaison Team". The "Liaison Team" is responsible for the follo�ving: Liaison with management and maintenance staff at defined family and hi- rise sites. 2. Liaison with resident councils and residents of family and hi-rise sites. Liaison with Rec. CentersBoys and Girls Clubs at the family developments. o�•��q 4. Coordinate efforts between PHA, SPPD, attorneys, and courts, to expedite solutions to specific problems (illegal tenant behavior, violence, etc.) within PHA. 5. Crisis intervention — assist management and Human Service Coordinatars with these problems. Crime prevention — staff education, resident education, storefronts, safety and security training, police Neighborhood Assistance Officer/Reserve opportunities and training. Hi-Rise patrol and respond to requests for police services. Section Z. Scope of Services Provided by ti�e YI3A A. The PHA will provide training, «'here appropriate, to ACOP personnel on public housing management issues and �vill assist the Police Department in providing training to residents and PHA staff on community policing and crime prevention issues associated with public housing. This training shall include, but not be limited to, the following: 1. Crime prevention and security responsibilities; 2. Community organization/mobilization against the causes of and precursors to crime; Drug awareness and control; Contract No. O1-063 ACOP 2001 Page 5 of 11 4. Orientation and familiarization with the public housin� communities for the assi�ned officers; and 5. Orientation to the lease contract, and lease compliance enforcement procedures and policies. B. The PHA �vill provide the foliowin� in-kind accommodations, services and equipment: Accommodations — The PHA will provide suitable space to be used as office space at locations as mutually agreed upon between the PHA and the Police Department. 2. Services — Office space provided by the PHA will be supplied with all utilities except telephone. The PHA also shall provide all labor, equipment and materials necessary to provide routine maintenance and repair service to maintain the space in good working order, including maintenance and repair of electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances supplied by the PHA. 3. Equipment — Office space provided by the PHA will be supplied with other additional equipment mutually agreed upon in connection with the performance of this Contract. 4. Modification/Damage — The PHA will make reasonable modifications, including minor structural, electrical and mechanical changes to the accommodations provided in order to meet the City's operational needs. Any damage to the unit or equipment provided by the PHA for City employees, which the PHA determines to be above normal wear for the item or accommodation, shall be repaired or replaced by the City at the discretion of the PHA. a� -�'tq C. The PHA shall provide the Police Department with copies of any assessments, evaluations or statistical measures it produces or obtains showing results achieved by ACOP, as measured against the goals and performance objectives specified in the PHA's PHDEP grant application. D. The PHA shall adopt policies and procedures requiring its staff to promptly report to the Police Department any criminal activities occumng on PHA property, to facilitate appropriate response to and tracking of such activities. E. The PHA reserves the right to reasonably request the Police Department to replace any ACOP personnel far the following reasons: 1. Neglect ar non-performance of duties; Contract No. 01-063 ACOP 2001 Page6of11 2. Disorderly conduct, use of abusive or offensive lan�ua�e, or fi�hting; Criminal action; Ot_1'11 4. Sellin�, consuming, possessin� or being under the influence of intoxicants, includin� alcohol or illegal substances, while on ass �anment to the PHA; Substantiated complaints from public housing residents or management. The PHA shall provide written enumeration of the reasons for the request for the replacement of the ACOP personnel, including documentation and witnesses to the alleged behaviors. F. The PHA will provide the City with the applicable PHA rules and regulations for compliance with this contract. Section 3. Enforcement of Rules and Regulations A. The Folice Department is hereby empowered to enforce the following PHA rules and regulations: Unauthorized visitors in unoccupied structures of the PHA shall be removed. 2. Unauthorized visitors creating disturbance or otherwise interfering with the peaceful enjoyment of lessees on PHA property shall be removed. 3. Unauthorized visitors destroying, defacing or removing PHA property shall be removed and/or criminal enforcement actions shall be taken. With regard to the foregoing rules and regulatior.s, the Police Depar�meni is hereby authorized, on behalf of the PHA, to give criminal trespass wamings to any persons deemed to be in violation of the nxles or regulations, that is, to give notice to any violators that their entry on the property or premises is forbidden, and to arrest or cause the arrest and prosecution of any violators, when appropriate. B. The Police Department shall also enforce the parking provisions of Saint Paul Legislative Code, Section 157.20, Public Housing Agency of the City of Saint Paul — Parking Restrictions. C. The Police Department is hereby empowered to have removed any and all vehicles found pazked in violation of said rule or regulation, pursuant to established City procedure for impounding vehicles. Contract No. O1-063 ACOP 2001 Page 7 of 11 D. The Police Department is hereby empowered to enforce such additional PH.A rules and regulations and perform such other duties as shall be specified in any addenda attached hereto or incorporated herein now or in the future. E. Nothin� herein contained shall be construed as permittin� or authorizin� police officers to use any method or to act in any manner in violation of law or their sworn obligation as police officers. Section 4. Communications, Reporting and Evaluation A. Communications — Access to Information. The City agrees that the PHA will have unrestricted access to all public information, in accordance with federal and Minnesota state laws, which in any way deals with criminal activity in any of the PHA's communities. Such information includes information made public pursuant to the Minnesota Government Data Practices Act or any other law making information public or accessible to the PHA. It is further agreed that the Police Department will provide to the PHA copies of such incident reports, arrest reports or other public documents which document or substantiate actual or potential criminal activity in or connected with the public housing developments in accordance with federal and Minnesota state laws. This information will be provided at no cost by the Police Department on a regular basis in accordance with specific procedures that have been or will be established. B. Reporting. The Police Department will provide reports, in accordance with federal and Minnesota state laws, to the PHA describing the activities supported by the PHDEP grant funds. These reports may be provided monthly, quarterly or as otherwise requested by the PHA and may include the following data: 1. Hours worked: foot, bicycle, motorized, other 2. Calls/requests for seivice 3. Refenals to City/PHA/agencies 4. Suspicious persons — name and description 5. Vehicles abandonedltowed/stolen 6. Drug paraphemalia confiscated/found 7. Arrests/citations of both residents and outsiders to include a�e, sex, ethnicity 8. Property recovered/stolen 9. Counseling of residents and visitors 10. Broken lights/sidewalks ll. Gxaffiti 12. Conflict resolution; e.g., resolved apparent or actual conflict behveen two or more people 13. Vehicle license number of suspicious persons 14. Weapons violations/seized 01-1'1� Contract No. O1-063 ACOP 2001 Page 8 of 11 C. Media Coordination. The Police Department will relay to the Executive Director or his desi�nee information related to any major crime or incident that occurs on PHA property, preferably before the media is informed or as soon as possible, in accordance with federal and Minnesota state laws. D. Evaluation. The City and the PHA shall cooperate on future evaluations of the community policing program in public housing. Section 5. Plan of Operation The Police Department and the PHA shall continue to administer the ACOP community policing program as previously, consistent with the PHA's PHDEP grant applications to FILTD. At the request of either party, the parties shall jointly prepare a more specific plan of operations for use in preventing or eliminating dru� related crime. Section 6. Term of Contract This contract is effective as of January 1, 2001 and shall continue in effect until the PHDEP grant funds allowed to be spent under this contract are exhausted (estimated to be December 31, 2001}, or longer if additional fiznds are awarded by HUD ar secured from other sources, unless earlier terminated in accordance with the tercns of this Contract. Section 7. Compensation to the City A. All compensation to the City will be made on a cost reimbursement basis. The PHA will reimburse the City for services specified in this Contract in a total amount not to exceed Six Hundred Seventy Four Thousand Ninetv Dollars ($674,090) in the following expense category: Assigned Personnel Salaries $674,090 Attachment A to this Contract illustrates the approximate use of these funds. B. The PHA shall reimburse the Police Department on a monthly basis, upon performance of the proposed activities and receipt of invoices evidencing authorized expenditures. C. The city shall provide the following documentation in requesting reimbursement: Copies of Certified Payroll Time Reports documenting names, employee identification, hours worked in public housing developments, supervisory approval of the report, and supervisory verification of the necessity for any overtime worked. o�-��r Contract No. O1-063 ACOP 2001 Page 9 of 11 D. All requests for reimbursement are subj ect to the approval of the PHA's Executive Director, or that officiaPs desi�nee, and the PHA shall thereafter make payment of the approved amount within thirty days of receipt of the request for reimbursement. Section 8. Audit Requirement The City and the Police Department shall have their financial records audited annually (as part of the City's annual audit) by an independent auditor and provide to the PHA a copy of the audit report, which is required for the City as a subgrantee of federal funds. The audit shall include the PHDEP funds expended under this a�reement and shall conform to the requirements of OMB Circular A-128 or later OMB circulazs as applicable. Any audit finding relating to use of the PHDEP funds under this agreement must be addressed and cleazed in a timely manner. Section 9. Non-Discrimination The PHA, the City and the Police Department agree that in the administration of the program(s) no person shall, on the grounds of race, color, religion, creed, national origi.. or ancestry, familial status, sex, status with regard to public assistance, marital status, disability, age, sexual or affectional orientation, political or other affiliation, be excluded from participation in the program(s) or be denied benefits of the program(s) and agree to comply with all federal, state, and local laws regarding discrimination. Section 10. Data Privacy All data collected, created, received, maintained, or disseminated by the City, the Police Department or the PHA for any purposes in the course of the performance of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. 13.01 et seq., or any other applicable state statutes, any state rules adopted to implement the Act, as well as federal regulations on data privacy. The parties agree to abide striciey :;y these statutes, rules, and regulations. The PHA has designated, and the City and the Police Department agree to designate, a Responsible Authority pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, who is the individual responsible for the collection, Maintenance, use and dissemination of any set of data on individuals, government data, or summary data pursuant to this Contract. Section 11. Indemnification The City does hereby release, discharge and agree to indemnify, protect, defend and save hannless the PHA from liability for any cost, damage, expense, injury or other casualty, to any person whomsoever or property whatsoever caused by or arising out of the Police Department's use and occupancy of PHA property or services provided under this a � -�1 g Contract No. O1-063 ACOP 2001 Fage 10 of 11 Contract, provided that such indemnification shall not be applicable where a decision or Jud�ment of a court of competent jurisdiction indicates that said casualty to person or Property was the direct result of acts of commission, omission, negli�ence or fault of the PHA, its a�ents or employees. Each pariy agrees that it will be responsible for its own acts and/or omissions in canying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other parry and the results thereo£ The liability of the City of Saint Paul and the Public Housing A�ency of the City of Saint Paul, and their respective employees, officials and agents shall be �ovemed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Chapter 466, et seq. and any other applicable law. Section 12. Certifications regarding Lobbying, Debarment As required by HUD, the Police Department has executed the Certifications regarding Lobbying, Debarment and Suspension in Attachments B and C to this Contract; and the Police Department will include the same certifications when required in any subcontracts or sub grants related to this Contract. Section 13. Right of Entry, Inspection and Repair The PHA, through its authorized employees or agents, shall have the right to enter the office spaces assigned by the PHA at any time, without advance notification, when there is reasonable cause to believe an emergency exists or during regular business hours upon one (1) day's notice for the purpose of inspection or repair of the office spaces or equipment therein or for such other purpose as may be deemed necessary by the PHA. Section 14. Disposal of Personal Property The PHA shall have the right to sell, dest:oy or otherwise dispese of any personal property left on the premises by the Police Department after the Police Department has vacated or abandoned the premises. Section 15. Amendments; Termination A. Changes in the terms of this Contract may be made only by written amendment mutually agreed upon and signed by both parties. '01-1�� B. Either party may terminate this Contract upon providing ninety (90) days written notice to the other party. Such notice shall be delivered by Certified Mail, Retum Receipt Requested. Contract No. 01-063 ACOP 2001 Pa�e 11 of 11 Section 16. Attachments The following attachments aze hereby incorporated into this contract by reference: Eachibit A: Budget Narrative Exhibit B: Certification regardin� Lobbyin� Exhibit C: Certification on Debarment and Suspension This Contract supersedes the most recent contract and all other previous contracts entered into by the parties for the same purpose as this Contract is made. By signing below, the Public Housing Agency of the City of Saint Paul, and the City of Saint Paul, Department of Police enter into this Contract which shall take effect on the date stated above. ot-�'� PUBLIC HOUSl'NG AGENCY OF THE CTTY OF SAINT PAUL 0�-�1� EXHZBIT A i. ADCITION,�LLAWENFORCEMENT-ACOPir.200 BUDGET NARRRATIVE BRIEF PROGRAM DESCRIPTION: The St. Paul Police DepartmenYs ACOP community policing program provides speciai police services beyond those provided in other neighborhoods. The requested funds will support personnel costs. Funds Requested for Adivity :$697,379 (12 Month Budget) Amplified Budget Items by Object Ciass Category (From SF-424A, Section B.6.) Unit Costs PHDEP a. Personnel: ACOP Salaries: ln Kind (SPPD) Tota4 Budget (1) SPPD Sergeant @ $62,197 $62,197 $62,197 (unit commander) (7) SPPD Officers @ $51,270 $311,517 $311,517 PHDEP 2000 roll over $23,289* $23,289 SPPD Contribution $24,084 $24,084 (3) Interpreters (CLO)@ $31 740 $95 220 $95,220 Subtotal ACOP Fersonnei - 11 $430,026 $86,281 $516,307 Personnel: ACOP-PHA Liaison Team (1) SPPD Sergeant @ $59,877 $59,877 $59,877 (4) SPPD Liaison Officers @ $51 869 $207 476 $207,476 Subtotal Liaison Pessonnel - 5 $267,353 $267,353 SUB-TOTAL ALL PERSONNEL -16 b. Fringe Benefits- ACOP $697,379 $86,281 $783,660 $205,764 $205,764 Subtotal Personnel + Fringe before Overtime $697,379 $292,045 $989,424 c. Overtime Cost and Overtime Fringe - ACOP $36,785 $36,785 TOTAL SALARIES PLUS FRINGES PLUS OVERTIME $697,379 5328,530 $1,026,209 d. Training - CEU's for POST License specialized conferences $4,000 $4,000 e. Equipment - TOTAL ANNUALIZED COSTS (10)policesquadcars,@ $3,710 537,100 $37,100 f. Supplies: Consumable supplies and printing postaqe phones for ACOP office squad cell phone $0 $ 7, 8 75 $7,875 TOTAL TRAINING, EQUIPMENT, AND SUPPLIES $� $48,975 $48,975 g. Contractual No Items $0 $0 $0 h. Construction No Items $0 $0 �0 i. Other No Items $0 $0 $0 TOTAL DIRECT GOSTS $697,379 S377,805 $1,075,184 (Includes $23,289 of 2000 roll over) *This amount is an estimation by SPPD that will not be used by December 31, 2000 under contract 00-186. J/ACOP/BudnarOl.xls ` EXHIBIT B Disclosure of Lobbying Activities Complete this form to disclose 1o66ying activities pursuant [0 31 U.S C. 1352 (See reverse side for Instructions and Public Reporting 6urtlen statement) 'I. Type of Federal Action � B a. contrac[ b. grant c. cooperative agreement d. loan e. loan guarentee f. loan insurance 2. Status of Federal AMion � a. bid/offer/application � b. initial award c. post-award Approved by OMB 0348-0046 01-�19 3. RepoKType � A a. initial filing b. material change For Material Change Only year (yyyy) __ ___ quarter date of last report (mm�ddiyyyy)____,_ 4. Name and Address of Reporting Entity � Prime � Subawardee Tier __ 1 _. if known: St. Paul Police Department 100 East 11th Street Saint Paul, MN 55101 Congressional District, if known 4th 5. If Reporting Entity in No. 4 is SubaWardee, enter Name ana Atlaress of Prime The Pubfic Housing Agency of the City of St. Paul 480 Cedar St., Suite 600 Saint Paul, MN 55101 Congressional District, rf known 4[h 6. Federal DepartmentlAgency � I 7. Federai Program Name/Description U.S. Dept. of Fiousing & Urban Development Public Housing Drug Elimination Program (PHDEP) CFDA Number, if applicable � 4.854 8. Federai Action Number, if known MN46DEP0010100 9. Award Amount, if kna:'n � 982,450 'IOa. Name and Address of Lobbying Registrant (if individual, last name, first name, MI) N/A 4. Individuals Performing Services (includmq adaress d different irom No. iva 7 (last name, first name, MI) N/A 11. Amount of Payment (check all that apply) '13. Type of Payment (check ail that apply) $_ N/A ______ actual pianned � a. retainer 12. Form of Payment (check atl that apply) � b. one-time fee � a. cash � c. commission � b. irnkind; specify nature _______—_______— ------- � d. contingent fee value ________ � e. deferred _'—____________—"v_ � f other (speciry)__ __________ 14. Brief Description of Services Performed or to be Pertormed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11 NIA �5. Continuation sheets attached n Yes No 16. Information requested through ihis form is authorized by Sec.319, I Pub. L. 101-121, 103 Stat. 750, as amended by sec. 10; Pub. L. 104- 65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This in(ormation will be reported to the Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,004 for each such faiiure. Federal Use Only: Signature ___ ---------- Prini Name W��iam F. Finney ___________ _______ _ 7ine Chief of Police TelephoneNo. ____ 651-291-1111 _ _ Date (mm/dd/YriY) ----------------- -- quthorized tor Local Keproo� Standard Form•LLL EXHIBIT C Certification Regarding Debarment and Suspension U.S. Department of Housing and Urban Development O 1—t'1 � Certification A: Certifica6on Regarding Debarment, Suspertsion, and Other Responsibility �Iatters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowt- edge and belief that its principals; a. Are not presently debarred, suspended, proposed for debarment, declared ineli�ible, or volunt2rily excluded from covered transactions by 2ny Fedecal debazment or agency; b. Have no[ within a three-yeaz period precedine this proposal, been convicted of or had a civil judgment rendered a�ainst [hem for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State, or loca]) transaction or contract under a public transaction; viotation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsi£cation, or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or ]ocal) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding Ihis application/ proposal had one or more pub.ic transactions (Federal, State, or local) terminated for causo or default. Z. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shal] attach an explanation to this proposal. Instructions fo[ Certification (A) 1. By signing and submitting this psoposal, the prospective primary participant is providing the certification set oui below. 2. The inability of a person to provide [he certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submi[ an explanation of why it cannot provide the ceRification set out below. The certifi- catiea or expl2r,uticr. :rill be :^n��dered in connection with the department or agency's determination whether to enter into this trans2cr.oa. However, fai:ure ef the prospective primary participan[ to furnish a certificatior. or an explanation shall disqualify such petson from participation in this transaction. 3. The certification in this clause is a material representa[ion of fact upon which reliance was place when the depaRment or agency deter- mined to enter inio this transaction. If it is later determined ihat the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to [he Federal C:overnment, the deQartment or agency may terminate this transaction for cause of default. ?, The prospective primary participant shal] provide immzdiate writ- ten notice to the department or xgency to whom this proposal is submitced if at any time the prospective primary pazticipant learns that iu certification was erroneous when submitted or has become errone- ous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lawer tier covered transxction, participant, person, primary cov- ered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanin�s set out in the Definitions and Coverage sections of the rules implementing Executive Order ]2549. You may contact the departmeni oc agency to which this proposal is being submitted for assistance in obtaining a copy of these revulations. 6. The prospective primary participant agrees by submitting thi, proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered [ransaction with a persoa who is debarred, suspended, declared ineligible, or voluntarily excluded from paRicipation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective p:imary participant further agrees by submitting this proposal that it will include [he clause titled "Cerii£cation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction," provided by the department or agency en[ering into this covered transaction, without modi}ication, in a11 lower tier covered transactions and in all solicitations for lower tier covered transactions. 8, p participant in a covered transaction may rely upon a ceriification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A par[icipant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing wntained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is nortnally possessed by a prudent person in the ordinary course of business dealings. " 10. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transac[ion with a person who is suspended, debaned, ineligibie, or voluntacilg excluded from patticipation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of defaul[. Pa�lef2 farm HUD-2992 (3/98) ORIGINAL Presented By: Referred To: Committee:Date: O� - 1'19 107087 '� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the Saint Paul Police Department wishes to implement the attached agreement with the Pulbic Housing Agency of the City of Saint Paul (PHA) to continue the Community Oriented Policing Program (ACOP) from January 1, 2001 through December 2001; and THEREFORE BE IT RESOLVED, that the City Council authorizes the City of Saint Paul to enter into, and Chief William Finney to implement, an agreement with PHA which includes an indemnification clause. � Fi Adopted by Council: Date: '� � _ �,r� Adoption erhfied by Counc' Secretary: ApprovedbyMayor�ate� �i+� Z,�� By: RESOLUTION OF SAINT PAUL, MINNESOTA Council File # Green Sheet # � Approyed by Mayor for Submission to Council: BY ��1�P � E�� PHA-c2001 Requested by Department of: � D — EPART.MENTlOFFICE/COUNCIL DATE INITIATED v P! ,ou� 2/9/Ol GREEN SHEET No. 107087 CO 'TACT PE N& PHONE INITIAL/DATE INmAUDA7E WillizruFinney 292-3588 1 DEFARIMFMDIREGiOR_ 4 �rrcouxa� w ru M WT BE ON COUNGL AGENDA BY (DATE) ^ V��I� ASAP Z�wrvn,�awer / , ' ❑cmc�wc � 'wwnpuSEfmcESO�x ❑FlNRNCw_SEfN�nLGiG �1 �YAYOR(ORASSISTANf7_ �HUNNIRIGIlR TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Signatures requested on the attached Council Resolution authorizing the Ciry of Saint Paul to enter into, and Chief William Finney to implement, an agreement wiffi the Public Housing Agency of the Ciry of Saint Paul (PHA). RECOMMENDATION APp�OVE (A) O� R¢j¢G[ (R) PERSONAL SERVICE CONTRACT$ MUST ANSWER THE FOLLOWING QUESTIONS: i. Has this persoNfirtn ever worked under a wniract forthis deparimeni? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has ihis personffirtn ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3 Oces this persoNfrtn possess a skill not normally possessed by any cuneM city employee? YES NO 4. Is this person/frm a targeted vendoR YES NO Erplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI� The Saint Paul Police Department wishes to implement into an agreemern with the PHA to corninue the Coxnxnunity Oriented Policing (ACOP) Progam from January 1, � 1 ffirough December 2001. (Attached is a copy of the contract) � ADVANTAGESIFAPPROVED Ability to pazmerslup with PHA and continue the ACOP Program DISADVANTACaESIFAPPROVED None. 1 l�� /�� C V DISADVANTAGES IF NOT APPROVED ^,�,,,,,,gy �9�� g��n�( •" FEB 15 20�€ Discontinuafion of the ACOP Program �� 2��i ��TY ATTORNEl' TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE Public Housing Agency of Saint Paul ACTIVIN NUMBER ��{l�� FINANCIAL INFORMATION (EXPLAIN) Contract No. O1-063 01-►�9 CONTRACT FOR SUPPLEMENTAL POLICE SERVICES This Contract is made and entered into this 1�` day of January 2001 by and between the PUBLIC HOUSING AGENCY OF THE CITY OF SAINT P9UL ("PHA"), and the CITY OF SAINT PAiTL ("City"), actin� by and through its DEPARTMENT OF POLICE ("Police Deparhnent") for the provision of specific police services to improve the safety, security and livability of the PHA's public housing properties. WHEREAS, since 1991 the PHA and the City have collaborated to provide the community policin� program known as A Community Outreach Program ("ACOP") to create a dru� and crime-free environment and to provide for the safety and protection of residents, employees and visitors in public housing developments; and WHEREAS, the PHA has been awarded a 2000 Public Housing Drug Elimination Program (PHDEP) Grant by the United States Department of Housing and Urban Development (HiJD) for the purpose of continuing the ACOP community policing program and other drug and crime prevention activities; and WHEREAS, the City estimates that it will not be requesting reimbursement of all the 1999 PHDEP grant funds awarded for use under Contract No. 00-186. Any such unused funds may be used to reimburse the Police Department for services provided under this Contract No. O1-063 in accordance with Section 6 of this contract. WHEREAS, the PHA desires to contimie the ACOP program; and WHEREAS, the City, by and through its Police Deparhnent, desires to assist in the effort by providing effective police services at all PHA locations; NOW, THEREFORE, the PHA and the City agree as follows: Section 1. Scope of Services Provided by the City The City agrees that the services rendered by the personnel assigned to the ACOP unit under this Contract (licensed, swom police officers and non-sworn civilian employees) are in addition to baseline police services, and that routine police patrol and response to 911 calls in public housing developments will continue to be the responsibility of other Police Department personnel normally assigned to such duties in their areas. The level of these and other baseline police services �vill not be reduced. The duties and extent of services of the Police Department shall include, but shall not be limited to: A. The City, by and through its Police Department, will assign one police officer of at least the rank of sergeant and additional police officers and civilian staff as stated in the HUD-approved budget for the Public Housing Drug Elimination Program (PHDEP) grant to perform specialized patrols to enforce all state and Contract No. 01-063 ACOP 2001 Page 2 of 11 local laws and the PHA rules specified in this Contract. Swom officers shall at all tunes remain part of, subject to and in direct relationship with the Police Department's chain of command and under Police Department rules, regulations and standard operating procedures. B. The City agrees to assign police officers to targeted areas during specified periods of time identified by the PHA and a�reed upon by the Police Department as high crime or high workload periods (directed patrol), such as 6 p.m. to 2 a.m. in certain areas, to maintain a police patrol presence. C. The City agrees that the Police Department will employ a community policing concept and that ACOP personnel will be based at PHA locations as mutually a�reed between the PHA and the Police Deparhnent. The City further agrees that the Police Department will develop and maintain communications with residents and will assist in developing or enhancin� crime prevention programs in public housing communities, including "storefronts", Door Watch programs and block clubs. D. The City ap ees to collect and provide police warkload data in public housing development and crime statistics as described in the PHDEP grant application, subject to federal and Minnesota state laws. This Contract provides sufficient basis far the exchange between the City and the PHA of data and information described in the Contract. A request far information or data outside of the scope of this Contract shall be in writing. 01-1�9 E. It is further agreed that, upon proper notice but without necessity of a subpoena, police personnel will appear as witnesses in the PHA's administrative grievance procedure, civil dispossessory hearings, or other civil or court proceedings where the issue includes criminal or quasi-criminal conduct on or near public housing property involving any resident, member of a residenYs household, or any guest or guests of a resident or household membe�, or where the issue includes any criminal or quasi-criminal conduct off public housing property involving any resident or member of a resident's household. F. Without limiting any of the foregoing, the City agrees that with respect to the services to be performed by any police personnel in accordance with this Contract, the appropriate Police Department Patrol Commander or Supervisor will meet with resident leadership and management representatives of the PHA on a routine basis for the purposes of reviewin� the enforcement and prevention efforts and planning for future changes or modifications anticipated by this Contract. These meetings shall occur at least quarterly. G. The City agrees that Police Department personnel assigned to the ACOP unit work exclusively on public housing related matters, unless they are needed by the Police Department as additional support in an emergency situation. Contract No. O1-063 ACOP 2001 Pa�e 3 of 11 H. The City agrees that it will provide the assigned personnel with such basic equipment and vehicles as may be necessary and reasonable in order to allow the police officers to cany out the duties anticipated under this Contract. Any additional motor vehicles, bicycles or other equipment which are requested by and are fumished at the expense of the PHA shall remain the property of the PHA. The PHA and City may mutually agree to lease equipment or vehicles. I. The Police Department will provide at a minimum sixteen (16) hours of trainin� on community relations and interpersonal communications skills to new staff assigned to ACOP. The Police Department shall designate a command officer as the Administrative Liaison Officer, who will work in concert with the Executive Director of the PHA ar that official's designee. The Administrative Liaison Officer may be the same person as the officer of the rank of sergeant or higher, as required by Section 1.A. The Administrative Liaison Officer will perform the following duties: Coardinate the dissemination and processing of police and security reports in accordance with federal and Minnesota state laws, provide supervisory assistance, and coordinate in resolving problems or carrying out the provisions of this Contract; 2. Establish and maintain an ongoing line of communication with Police Department commanders and other police personnel; 3. Prepare quarterly progress reports and evaluations of services requested and provided under this Contract far review by the Executive Director, the Police Chief, appropriate Deputy Chiefs and Police Department commanders and others as may be requested by the Executive Direcior ar that official's designee; ot-�� 4. Initiate and monitor ongoing lines of communication with PHA staff and resident leaders to effectively employ the community policing concept and to address in a timely manner concerns raised by community leaders; 5. Assure that he or she or a designee will attend Resident Council meetings and assist in developing rzsident security programs; 6. Assist or advise the planning and implementation of other grant-funded security programs within the PHA; and Establish a clearly defined process for reporting non-emergency criminal activities, which shall include prompt reports, including "calls for service" Contract No. O1-063 ACOP 2001 Page 4 of 11 reports, by Police Department staff, in accordance with federal and Minnesota state laws, to PAA staff of criminal activities on PHA property, to facilitate appropriate response and tracking of such activities. K. The City agrees that the Police Depariment will assign at least four ACOP officers to provide law enforcement activities in the PHA's sixteen hi-rises and four family developments. These officers will form a four member "Liaison Team". The "Liaison Team" is responsible for the follo�ving: Liaison with management and maintenance staff at defined family and hi- rise sites. 2. Liaison with resident councils and residents of family and hi-rise sites. Liaison with Rec. CentersBoys and Girls Clubs at the family developments. o�•��q 4. Coordinate efforts between PHA, SPPD, attorneys, and courts, to expedite solutions to specific problems (illegal tenant behavior, violence, etc.) within PHA. 5. Crisis intervention — assist management and Human Service Coordinatars with these problems. Crime prevention — staff education, resident education, storefronts, safety and security training, police Neighborhood Assistance Officer/Reserve opportunities and training. Hi-Rise patrol and respond to requests for police services. Section Z. Scope of Services Provided by ti�e YI3A A. The PHA will provide training, «'here appropriate, to ACOP personnel on public housing management issues and �vill assist the Police Department in providing training to residents and PHA staff on community policing and crime prevention issues associated with public housing. This training shall include, but not be limited to, the following: 1. Crime prevention and security responsibilities; 2. Community organization/mobilization against the causes of and precursors to crime; Drug awareness and control; Contract No. O1-063 ACOP 2001 Page 5 of 11 4. Orientation and familiarization with the public housin� communities for the assi�ned officers; and 5. Orientation to the lease contract, and lease compliance enforcement procedures and policies. B. The PHA �vill provide the foliowin� in-kind accommodations, services and equipment: Accommodations — The PHA will provide suitable space to be used as office space at locations as mutually agreed upon between the PHA and the Police Department. 2. Services — Office space provided by the PHA will be supplied with all utilities except telephone. The PHA also shall provide all labor, equipment and materials necessary to provide routine maintenance and repair service to maintain the space in good working order, including maintenance and repair of electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances supplied by the PHA. 3. Equipment — Office space provided by the PHA will be supplied with other additional equipment mutually agreed upon in connection with the performance of this Contract. 4. Modification/Damage — The PHA will make reasonable modifications, including minor structural, electrical and mechanical changes to the accommodations provided in order to meet the City's operational needs. Any damage to the unit or equipment provided by the PHA for City employees, which the PHA determines to be above normal wear for the item or accommodation, shall be repaired or replaced by the City at the discretion of the PHA. a� -�'tq C. The PHA shall provide the Police Department with copies of any assessments, evaluations or statistical measures it produces or obtains showing results achieved by ACOP, as measured against the goals and performance objectives specified in the PHA's PHDEP grant application. D. The PHA shall adopt policies and procedures requiring its staff to promptly report to the Police Department any criminal activities occumng on PHA property, to facilitate appropriate response to and tracking of such activities. E. The PHA reserves the right to reasonably request the Police Department to replace any ACOP personnel far the following reasons: 1. Neglect ar non-performance of duties; Contract No. 01-063 ACOP 2001 Page6of11 2. Disorderly conduct, use of abusive or offensive lan�ua�e, or fi�hting; Criminal action; Ot_1'11 4. Sellin�, consuming, possessin� or being under the influence of intoxicants, includin� alcohol or illegal substances, while on ass �anment to the PHA; Substantiated complaints from public housing residents or management. The PHA shall provide written enumeration of the reasons for the request for the replacement of the ACOP personnel, including documentation and witnesses to the alleged behaviors. F. The PHA will provide the City with the applicable PHA rules and regulations for compliance with this contract. Section 3. Enforcement of Rules and Regulations A. The Folice Department is hereby empowered to enforce the following PHA rules and regulations: Unauthorized visitors in unoccupied structures of the PHA shall be removed. 2. Unauthorized visitors creating disturbance or otherwise interfering with the peaceful enjoyment of lessees on PHA property shall be removed. 3. Unauthorized visitors destroying, defacing or removing PHA property shall be removed and/or criminal enforcement actions shall be taken. With regard to the foregoing rules and regulatior.s, the Police Depar�meni is hereby authorized, on behalf of the PHA, to give criminal trespass wamings to any persons deemed to be in violation of the nxles or regulations, that is, to give notice to any violators that their entry on the property or premises is forbidden, and to arrest or cause the arrest and prosecution of any violators, when appropriate. B. The Police Department shall also enforce the parking provisions of Saint Paul Legislative Code, Section 157.20, Public Housing Agency of the City of Saint Paul — Parking Restrictions. C. The Police Department is hereby empowered to have removed any and all vehicles found pazked in violation of said rule or regulation, pursuant to established City procedure for impounding vehicles. Contract No. O1-063 ACOP 2001 Page 7 of 11 D. The Police Department is hereby empowered to enforce such additional PH.A rules and regulations and perform such other duties as shall be specified in any addenda attached hereto or incorporated herein now or in the future. E. Nothin� herein contained shall be construed as permittin� or authorizin� police officers to use any method or to act in any manner in violation of law or their sworn obligation as police officers. Section 4. Communications, Reporting and Evaluation A. Communications — Access to Information. The City agrees that the PHA will have unrestricted access to all public information, in accordance with federal and Minnesota state laws, which in any way deals with criminal activity in any of the PHA's communities. Such information includes information made public pursuant to the Minnesota Government Data Practices Act or any other law making information public or accessible to the PHA. It is further agreed that the Police Department will provide to the PHA copies of such incident reports, arrest reports or other public documents which document or substantiate actual or potential criminal activity in or connected with the public housing developments in accordance with federal and Minnesota state laws. This information will be provided at no cost by the Police Department on a regular basis in accordance with specific procedures that have been or will be established. B. Reporting. The Police Department will provide reports, in accordance with federal and Minnesota state laws, to the PHA describing the activities supported by the PHDEP grant funds. These reports may be provided monthly, quarterly or as otherwise requested by the PHA and may include the following data: 1. Hours worked: foot, bicycle, motorized, other 2. Calls/requests for seivice 3. Refenals to City/PHA/agencies 4. Suspicious persons — name and description 5. Vehicles abandonedltowed/stolen 6. Drug paraphemalia confiscated/found 7. Arrests/citations of both residents and outsiders to include a�e, sex, ethnicity 8. Property recovered/stolen 9. Counseling of residents and visitors 10. Broken lights/sidewalks ll. Gxaffiti 12. Conflict resolution; e.g., resolved apparent or actual conflict behveen two or more people 13. Vehicle license number of suspicious persons 14. Weapons violations/seized 01-1'1� Contract No. O1-063 ACOP 2001 Page 8 of 11 C. Media Coordination. The Police Department will relay to the Executive Director or his desi�nee information related to any major crime or incident that occurs on PHA property, preferably before the media is informed or as soon as possible, in accordance with federal and Minnesota state laws. D. Evaluation. The City and the PHA shall cooperate on future evaluations of the community policing program in public housing. Section 5. Plan of Operation The Police Department and the PHA shall continue to administer the ACOP community policing program as previously, consistent with the PHA's PHDEP grant applications to FILTD. At the request of either party, the parties shall jointly prepare a more specific plan of operations for use in preventing or eliminating dru� related crime. Section 6. Term of Contract This contract is effective as of January 1, 2001 and shall continue in effect until the PHDEP grant funds allowed to be spent under this contract are exhausted (estimated to be December 31, 2001}, or longer if additional fiznds are awarded by HUD ar secured from other sources, unless earlier terminated in accordance with the tercns of this Contract. Section 7. Compensation to the City A. All compensation to the City will be made on a cost reimbursement basis. The PHA will reimburse the City for services specified in this Contract in a total amount not to exceed Six Hundred Seventy Four Thousand Ninetv Dollars ($674,090) in the following expense category: Assigned Personnel Salaries $674,090 Attachment A to this Contract illustrates the approximate use of these funds. B. The PHA shall reimburse the Police Department on a monthly basis, upon performance of the proposed activities and receipt of invoices evidencing authorized expenditures. C. The city shall provide the following documentation in requesting reimbursement: Copies of Certified Payroll Time Reports documenting names, employee identification, hours worked in public housing developments, supervisory approval of the report, and supervisory verification of the necessity for any overtime worked. o�-��r Contract No. O1-063 ACOP 2001 Page 9 of 11 D. All requests for reimbursement are subj ect to the approval of the PHA's Executive Director, or that officiaPs desi�nee, and the PHA shall thereafter make payment of the approved amount within thirty days of receipt of the request for reimbursement. Section 8. Audit Requirement The City and the Police Department shall have their financial records audited annually (as part of the City's annual audit) by an independent auditor and provide to the PHA a copy of the audit report, which is required for the City as a subgrantee of federal funds. The audit shall include the PHDEP funds expended under this a�reement and shall conform to the requirements of OMB Circular A-128 or later OMB circulazs as applicable. Any audit finding relating to use of the PHDEP funds under this agreement must be addressed and cleazed in a timely manner. Section 9. Non-Discrimination The PHA, the City and the Police Department agree that in the administration of the program(s) no person shall, on the grounds of race, color, religion, creed, national origi.. or ancestry, familial status, sex, status with regard to public assistance, marital status, disability, age, sexual or affectional orientation, political or other affiliation, be excluded from participation in the program(s) or be denied benefits of the program(s) and agree to comply with all federal, state, and local laws regarding discrimination. Section 10. Data Privacy All data collected, created, received, maintained, or disseminated by the City, the Police Department or the PHA for any purposes in the course of the performance of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. 13.01 et seq., or any other applicable state statutes, any state rules adopted to implement the Act, as well as federal regulations on data privacy. The parties agree to abide striciey :;y these statutes, rules, and regulations. The PHA has designated, and the City and the Police Department agree to designate, a Responsible Authority pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, who is the individual responsible for the collection, Maintenance, use and dissemination of any set of data on individuals, government data, or summary data pursuant to this Contract. Section 11. Indemnification The City does hereby release, discharge and agree to indemnify, protect, defend and save hannless the PHA from liability for any cost, damage, expense, injury or other casualty, to any person whomsoever or property whatsoever caused by or arising out of the Police Department's use and occupancy of PHA property or services provided under this a � -�1 g Contract No. O1-063 ACOP 2001 Fage 10 of 11 Contract, provided that such indemnification shall not be applicable where a decision or Jud�ment of a court of competent jurisdiction indicates that said casualty to person or Property was the direct result of acts of commission, omission, negli�ence or fault of the PHA, its a�ents or employees. Each pariy agrees that it will be responsible for its own acts and/or omissions in canying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other parry and the results thereo£ The liability of the City of Saint Paul and the Public Housing A�ency of the City of Saint Paul, and their respective employees, officials and agents shall be �ovemed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Chapter 466, et seq. and any other applicable law. Section 12. Certifications regarding Lobbying, Debarment As required by HUD, the Police Department has executed the Certifications regarding Lobbying, Debarment and Suspension in Attachments B and C to this Contract; and the Police Department will include the same certifications when required in any subcontracts or sub grants related to this Contract. Section 13. Right of Entry, Inspection and Repair The PHA, through its authorized employees or agents, shall have the right to enter the office spaces assigned by the PHA at any time, without advance notification, when there is reasonable cause to believe an emergency exists or during regular business hours upon one (1) day's notice for the purpose of inspection or repair of the office spaces or equipment therein or for such other purpose as may be deemed necessary by the PHA. Section 14. Disposal of Personal Property The PHA shall have the right to sell, dest:oy or otherwise dispese of any personal property left on the premises by the Police Department after the Police Department has vacated or abandoned the premises. Section 15. Amendments; Termination A. Changes in the terms of this Contract may be made only by written amendment mutually agreed upon and signed by both parties. '01-1�� B. Either party may terminate this Contract upon providing ninety (90) days written notice to the other party. Such notice shall be delivered by Certified Mail, Retum Receipt Requested. Contract No. 01-063 ACOP 2001 Pa�e 11 of 11 Section 16. Attachments The following attachments aze hereby incorporated into this contract by reference: Eachibit A: Budget Narrative Exhibit B: Certification regardin� Lobbyin� Exhibit C: Certification on Debarment and Suspension This Contract supersedes the most recent contract and all other previous contracts entered into by the parties for the same purpose as this Contract is made. By signing below, the Public Housing Agency of the City of Saint Paul, and the City of Saint Paul, Department of Police enter into this Contract which shall take effect on the date stated above. ot-�'� PUBLIC HOUSl'NG AGENCY OF THE CTTY OF SAINT PAUL 0�-�1� EXHZBIT A i. ADCITION,�LLAWENFORCEMENT-ACOPir.200 BUDGET NARRRATIVE BRIEF PROGRAM DESCRIPTION: The St. Paul Police DepartmenYs ACOP community policing program provides speciai police services beyond those provided in other neighborhoods. The requested funds will support personnel costs. Funds Requested for Adivity :$697,379 (12 Month Budget) Amplified Budget Items by Object Ciass Category (From SF-424A, Section B.6.) Unit Costs PHDEP a. Personnel: ACOP Salaries: ln Kind (SPPD) Tota4 Budget (1) SPPD Sergeant @ $62,197 $62,197 $62,197 (unit commander) (7) SPPD Officers @ $51,270 $311,517 $311,517 PHDEP 2000 roll over $23,289* $23,289 SPPD Contribution $24,084 $24,084 (3) Interpreters (CLO)@ $31 740 $95 220 $95,220 Subtotal ACOP Fersonnei - 11 $430,026 $86,281 $516,307 Personnel: ACOP-PHA Liaison Team (1) SPPD Sergeant @ $59,877 $59,877 $59,877 (4) SPPD Liaison Officers @ $51 869 $207 476 $207,476 Subtotal Liaison Pessonnel - 5 $267,353 $267,353 SUB-TOTAL ALL PERSONNEL -16 b. Fringe Benefits- ACOP $697,379 $86,281 $783,660 $205,764 $205,764 Subtotal Personnel + Fringe before Overtime $697,379 $292,045 $989,424 c. Overtime Cost and Overtime Fringe - ACOP $36,785 $36,785 TOTAL SALARIES PLUS FRINGES PLUS OVERTIME $697,379 5328,530 $1,026,209 d. Training - CEU's for POST License specialized conferences $4,000 $4,000 e. Equipment - TOTAL ANNUALIZED COSTS (10)policesquadcars,@ $3,710 537,100 $37,100 f. Supplies: Consumable supplies and printing postaqe phones for ACOP office squad cell phone $0 $ 7, 8 75 $7,875 TOTAL TRAINING, EQUIPMENT, AND SUPPLIES $� $48,975 $48,975 g. Contractual No Items $0 $0 $0 h. Construction No Items $0 $0 �0 i. Other No Items $0 $0 $0 TOTAL DIRECT GOSTS $697,379 S377,805 $1,075,184 (Includes $23,289 of 2000 roll over) *This amount is an estimation by SPPD that will not be used by December 31, 2000 under contract 00-186. J/ACOP/BudnarOl.xls ` EXHIBIT B Disclosure of Lobbying Activities Complete this form to disclose 1o66ying activities pursuant [0 31 U.S C. 1352 (See reverse side for Instructions and Public Reporting 6urtlen statement) 'I. Type of Federal Action � B a. contrac[ b. grant c. cooperative agreement d. loan e. loan guarentee f. loan insurance 2. Status of Federal AMion � a. bid/offer/application � b. initial award c. post-award Approved by OMB 0348-0046 01-�19 3. RepoKType � A a. initial filing b. material change For Material Change Only year (yyyy) __ ___ quarter date of last report (mm�ddiyyyy)____,_ 4. Name and Address of Reporting Entity � Prime � Subawardee Tier __ 1 _. if known: St. Paul Police Department 100 East 11th Street Saint Paul, MN 55101 Congressional District, if known 4th 5. If Reporting Entity in No. 4 is SubaWardee, enter Name ana Atlaress of Prime The Pubfic Housing Agency of the City of St. Paul 480 Cedar St., Suite 600 Saint Paul, MN 55101 Congressional District, rf known 4[h 6. Federal DepartmentlAgency � I 7. Federai Program Name/Description U.S. Dept. of Fiousing & Urban Development Public Housing Drug Elimination Program (PHDEP) CFDA Number, if applicable � 4.854 8. Federai Action Number, if known MN46DEP0010100 9. Award Amount, if kna:'n � 982,450 'IOa. Name and Address of Lobbying Registrant (if individual, last name, first name, MI) N/A 4. Individuals Performing Services (includmq adaress d different irom No. iva 7 (last name, first name, MI) N/A 11. Amount of Payment (check all that apply) '13. Type of Payment (check ail that apply) $_ N/A ______ actual pianned � a. retainer 12. Form of Payment (check atl that apply) � b. one-time fee � a. cash � c. commission � b. irnkind; specify nature _______—_______— ------- � d. contingent fee value ________ � e. deferred _'—____________—"v_ � f other (speciry)__ __________ 14. Brief Description of Services Performed or to be Pertormed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11 NIA �5. Continuation sheets attached n Yes No 16. Information requested through ihis form is authorized by Sec.319, I Pub. L. 101-121, 103 Stat. 750, as amended by sec. 10; Pub. L. 104- 65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This in(ormation will be reported to the Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,004 for each such faiiure. Federal Use Only: Signature ___ ---------- Prini Name W��iam F. Finney ___________ _______ _ 7ine Chief of Police TelephoneNo. ____ 651-291-1111 _ _ Date (mm/dd/YriY) ----------------- -- quthorized tor Local Keproo� Standard Form•LLL EXHIBIT C Certification Regarding Debarment and Suspension U.S. Department of Housing and Urban Development O 1—t'1 � Certification A: Certifica6on Regarding Debarment, Suspertsion, and Other Responsibility �Iatters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowt- edge and belief that its principals; a. Are not presently debarred, suspended, proposed for debarment, declared ineli�ible, or volunt2rily excluded from covered transactions by 2ny Fedecal debazment or agency; b. Have no[ within a three-yeaz period precedine this proposal, been convicted of or had a civil judgment rendered a�ainst [hem for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State, or loca]) transaction or contract under a public transaction; viotation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsi£cation, or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or ]ocal) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding Ihis application/ proposal had one or more pub.ic transactions (Federal, State, or local) terminated for causo or default. Z. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shal] attach an explanation to this proposal. Instructions fo[ Certification (A) 1. By signing and submitting this psoposal, the prospective primary participant is providing the certification set oui below. 2. The inability of a person to provide [he certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submi[ an explanation of why it cannot provide the ceRification set out below. The certifi- catiea or expl2r,uticr. :rill be :^n��dered in connection with the department or agency's determination whether to enter into this trans2cr.oa. However, fai:ure ef the prospective primary participan[ to furnish a certificatior. or an explanation shall disqualify such petson from participation in this transaction. 3. The certification in this clause is a material representa[ion of fact upon which reliance was place when the depaRment or agency deter- mined to enter inio this transaction. If it is later determined ihat the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to [he Federal C:overnment, the deQartment or agency may terminate this transaction for cause of default. ?, The prospective primary participant shal] provide immzdiate writ- ten notice to the department or xgency to whom this proposal is submitced if at any time the prospective primary pazticipant learns that iu certification was erroneous when submitted or has become errone- ous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lawer tier covered transxction, participant, person, primary cov- ered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanin�s set out in the Definitions and Coverage sections of the rules implementing Executive Order ]2549. You may contact the departmeni oc agency to which this proposal is being submitted for assistance in obtaining a copy of these revulations. 6. The prospective primary participant agrees by submitting thi, proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered [ransaction with a persoa who is debarred, suspended, declared ineligible, or voluntarily excluded from paRicipation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective p:imary participant further agrees by submitting this proposal that it will include [he clause titled "Cerii£cation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction," provided by the department or agency en[ering into this covered transaction, without modi}ication, in a11 lower tier covered transactions and in all solicitations for lower tier covered transactions. 8, p participant in a covered transaction may rely upon a ceriification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A par[icipant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing wntained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is nortnally possessed by a prudent person in the ordinary course of business dealings. " 10. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transac[ion with a person who is suspended, debaned, ineligibie, or voluntacilg excluded from patticipation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of defaul[. Pa�lef2 farm HUD-2992 (3/98)