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01-409s-• CouncA File # o �_ �p+� Green Sheet # 111739 Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION CITY OF SAINT PATI., MINNESOTA 16 Committee:Date: $E IT RESOL'VED, that the City of Saint Paul Police Department is authorized to enter into the attached agreement with Ramsey County Health Department for services related to the use of on-call social workers for the placement of children during FORCE Unit search warrants in from January i, 2001 through December 31, 2001. A copy of said agreement is to be kept on file and on record in the Office of FYnancial Services. B y : ��, Approved by � G� �� Approve Mayor f r 5ubmission to Council: � B�. �"��'`'(' r ramseycnfijhlthdept.force.2001.�s Atioption CertuleQ by (;ouncll Secre�ary: / Requested by Department of: oaroz�zooi 292-3588 TOTAL # OF SIGNANRE PAGES REQUES7ED GREEN SHEET �wwcw. sErmces wz _ �YAMR(ORASSISTAM)_ Na. 111' 1NRVWDA7E u ------��" l" �cm ttc�c ❑FlNANCIAL SERV/qCGTG ❑xuxnxwcxrs (CLIP ALL LOCATIONS FOR SIGNATURE) Signatures requested on ffie attached Council Resolution between the St. Paul Police Deparhnent �Ad,R.wi9e,x County Health Departruent. RCLtI yCv APR 13 2pp1 MAYOR'S RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: Has this person/firm ever worked under a contract for this department? PIANNING COMMISSION CIB COMMITTEE YES NO Has this persoNPirtn ever been a ciiy employee� CIVIL SERVICE COMMISSION vES No 3. Ooes this persoNFan possess a skill rwt rqrtnally possessed hy any cumerrt city employee� YES NO 4 Is thrs personffirm a fargeted vendof� YES NO Explain all yes answers on separate sheet and attach to green sheet Each yeaz the St. Paul Police Depardnent FORCE Unit executes over 100 search wazrants. Often times children are encountered in circumstances in which shelter placement is necessary. The process is tune consnming, usually takes place late at night, ties up police officeTS, and ofren results in additional overtime costs. The process is traumatic for children, especially when done by the same officers who conducted the seazch warrant. (agreement attached) Reduced overtime costs to the St. Paul Police Depaztment FORCE Unit. Pree up officers to finish other responsibliries regazding tl�e search warrant. Reduce hauma to cluldren being place by using on-ca11 social workers from "House Calls" to come to the scene, meet the children, and transport them to Children s Hospital for� initial evaluarion. The "House Calls" civilian also stay: to uansport the children form the Childten's Hospital to the de�" facility. None. 11SADVANTAGES IF NOT APPROVED �" _ .�� `�� . . .� ��A 4�� f� T /'1� @ �d �T F V � E Increased overtime costs to the St. Paul Police Department Force Unit Officezs and iruazna to children being placed in shelter. >TAL AMOUNT OF TRANSACTION E MDMG SOURCE COST/REVENUE BUDGETED (CIRCLE ONE) ACTIVI7Y NUMBER YES NO lANCIAL INFORMATION (EXPLAIN) o�-�o°l Agreement # 02- Berir'een the City of Saint Paul and Ramse}� County� DepartmenY of Public Heaith THIS AGREEMENT, made and entered into this 14th day of March, 2000, by and bet�veen the City of Saint Paul, Minnesota, a municipai corporation �mder the laws of the State of Minnesota, hereinafter referred to as "City," and Ramsey County Department of Public Health-Families in Grisis/House Calis Program whose address is 555 Ced2s Street., Saint Paul, Ml�T, 55101-2260, hereinafter refen�ed to as "Consulta�t/Provider." The City and ConsultantlProvider, in consideration of the muhial ternls and conditions, pxomises, covenants, and payir.ents hereinafter set fo�th, a�ree as foll�ws: SECTION 1: Scope of Services. A. ConsultantlProvider agrees to provide transportation of children to Children's Medica] Center aud then to a shelter home after execution of a search wan�ant by the City F.O.R.C.E. Unit. The specific times aonsultant will provide service are: Tuesday through Friday 5:00 p.m. to midnight Saturday 3:Q0 p.r.i. to midnieht �'�' CTl�ii: L: �d i11i0 �^ Ln a.`viil A. The seivices described in Section 1 shall be commenced on January 1, 2001 and will be completed in accordance with the schedule mufually agreed upon with the Cit} through December 31, 2001. B. ConsuAtautlProvider shall not proeeed with any task without sp�cific authorizatian from tl�e Project Mana�er desi�:ated by the City. C. T�z the event there are delays caused by actions of the City or which may be reasonably requested by the ConsultandProvider which can chan�e the completion date, ConsultantJProvider shall request an extension of time for completion of the project. The Project Manager will ravie« the request and may grant to the Coilsultant/Provider such extensions of contract time as may be reasonable. SECTION 3: Billings and Pa}�ment. A. That for ConsLiltanYs(Provider's faitbfiil perfonnance of this Agreement, the City hereby agrees to compensate the Consultant/Provider �3,000 for the services described in Section 1. B. The above amoLmts shall fully compensate the Consultant(Provider for all costs. No claim 1 O l -'� for seivices and/or costs provided by the ConsuitantlProvider, not specifically provided for in this Agreement wiil be honored by the City. Total costs for the project shall not exceed S3000.00. C. ConsultantJPzovider shall submit an itemized invoice to the City by December 1, 2001. Upon receipt of the invoice and verification of the charges by the Proj ect Manager, payment shall be made by the City to CansultantlProvider �vithvi thirty (30) days. D. In the event the Consultant(Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the �vork or services as a;reed to herein, the City reserves tiie right to withhold any payn�ent uutii the City is saCisfied that correcti��e action has been taken or completed. This option is in addition to and iiot in lieu of the City's right to termination as provided in other sections of this Agreement. SECTION 4: Praject Management. A. The Ciry requires the Cousultant(PrQV;der to assi�! specific individuals as principal projecC members and to assure that the major work and coordination will remain the responsibiliTy of these individuals during the tenn of this Agreement. Removal of any principal project member without replacemer.c by equally qu2lified individuals or withoLit the prior written approval ofthe City is grouuds for teimination of the A�reemeut by the City. ConsultanYslProvidei's principai project members are: F_ay WiYtgelistein Department of PaUlic Health Families in CrisislHouse Cai1s Proa am 555 Cedar Street Saint Paul, MN 55101-2770 Commander Force Unit St. Paul Police Department. 100 East 11"' Street St. Paul, MN 5�101 B. The City has designated the Commander of the Force Unit as the Proj ect Manager for this Agreement, and ihe iildilr;dual to ��ho?n al1 communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instrretions, reeei� e inforrnation, a�«tho��ize amendi�e :ts o: c?.anbes to±LeAgreer and interpr�i and define the City's policies and decisiovs pertinent to the work covered by thfs Agreement. SECTION 5: City Responsibilities. A. The City a�rees to provide ConsultantlProvider with access to any information from City documents, staff, and other sources needed by Consultant/Provider to complete the work described herein. SECTION 6: 'Work Products, Records, Dissemination of Tnformation. A. For puxposes of this Agreement, the following words and phrases shall have tl�e meanin�s set forth in this seetion, except �vhere the eontext clearly indicates that a different meaning is intended. a� —`,fl "YYork product" shall mean, any report, recommendation, paper, presentation, dra��ing, demonstration, or other materials, whether in r�ritten, electronic, or other format ttiat results from . Consultant'slProvider's services under this Agreement. "Supporti�tg doctm:ezitcation " shali mean any sun+eys, questionnaires, notzs, research, papers, analyses, whether �vritteu electronic, or in other foiYn, and other evidences used to �enerate any and all work perfomled and �vork products generated under this Agreement. `Bzcsiness records" shall mean any books, documents, papers, account records and other evidences, �vhether written, electronic, or in other forsn, belon�ing to Consultant/Provider and pertaining to �vork performed tmder this Agreement. B. Ail deliverable �vork products and supporting documentation that result from the Consultant's(Provider's services under this Agreement shall be delivered to the City and shall become the properly of t. e City after final paymenf is made to the Consultai�tfProvider �vith no right, title, or interest in said work products or sLipporting documentation aestin� in ConsultantlProvider. C. 'Ihe ConsultantlProvider agrees not to release, transmit, or other ��ise dissaminate any infomiation associated 4vith or generated as a result of the work perfomied under this Agreement �vithout p�ior ki�owledge and written consent of the City. D. In the evei�t of tennination, all work products, «'hether finished or unfinished, and �npportirQ docnmenta*:i�?� nrenared by ConsLiltantlProviclertmder this Agreement shall be delivered by Constiilta�iiii';o��iu�_� ro i',_� i it}' by the tenninatiou date a��d there shall be no fiuther obligatioil of the City to Cozisultant/Provider except £or payment of amounts due and o�vin� for any authorized work perfornied and expeuses incurred to the date and time of tennination. E. ConsultantlProvider agrees to maintain all business records in such a manner as �viil readily confonn to the temis ef this Agreement and to make such records available at its office at all reason�ble times during the A�reement periQd and for six (6) years from iiie datE of the fizza� payment imdz: uie coi:tracti for inspection or aadii b}� the Ci?;:, the State Auditor, or other duly authorized rep_ese,.tative. F. ConsulYanY/Provider agrees to abide strictiy by Chapter 13 of the Minnesota Statutes (Minnesota Goverimlent Data Practice Act) as we11 as any other applicable federal, state, and local laws or ordinances, and all applicable niles, regulations, and standards established by any agency of siich govemmental units which are now or hereafter promul�ated inso£ar as they relate to the Consultant'slProvider's performance of the provisians of this Agreen�ent. SECTION 7: Equal Opportunity EmploymenC. A. The Consultant/Provider will not discriininate a�ainst any emplo}'ee or applicant for employment for work under this Agreement because of race, color, reli�ion, sex, age, or national 3 p�_4o9 ori�in and will take affirmative steps to ensure that applicants are emp?oyed and employees are treated during employment without re�ard to race color, religion, sex, age or national origin. This provision shall include, but not be limited to the follo�ving: employment, up�radin�, deuzotion, or transfer; recruitment advertisina, layoff or tennination; rates of pay or their fornls of compensation; and, selection for h'aining, including apprenticeship. SECTION 8: Compliance �Vith Applicable La�v. A. ConsultantlProvidex agrees to complywith all federal, state, and local ]a«�s or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafrer promulgated insofar as they relate to the Consultant'slProvider's perfonnance of the provisions of this Agreement. It shall be the obligation of the Consultant(Provider to apply for, pay for, and obtain all permits andlor licenses required. SECTION 9: Independenf Contractor. A. It is agreed by tl�e parties that, at a11 times and for all puiposes within the scope of this Agreemeizt, the relationship of the Cons�ilta�ltlProvider to the City is Yhat of independent contractor and not that of employee. No sta*.ement contained in this Agreemeut shall be construed so as to find Consultaait/Provider an employee of the City, and ConsultantlProvider shall be entitled to none of the rights, privileges, or benefits of Saint Paul employees. SECTTON 10. Subcontracting. A. The Consultat�tlPtiovider agrees not to enter into any snbcontracts for any of Che woric co?ltemplated nnder flus Ag:eem�nt without obtainiilg prinr written approval of the City. SECTION 11. Hold Harmless. That each party will be responsible for their own acts or onussions for their employees, agents and officials. Nathing in this agreemenY shall constitute a �vaiver by either party of any stahrtory limits or exceprions on liaUiiitp. SECTION 12. Assigns��ent. A. The City and Consultant/Provider each binds itself and its successors, ]egal representatives, and assi�ns of such other party, `vlth respect to al1 covenant of this Agreement; and neiCher the City nor the ConsultantJProvider will assign or transfer their interest in this Agreement �vithout the written co.lsant of tlie o±l�er. SECTION 13. Termination. A. This Agreement will continue in full force and effect imtil completion of tl�e project as described herein unless it is temlinated at an earlier date by either party. Either party to this Agreement may terminated it by �iving no less than thirty (30) days written notice of the intent to terminate to the other party. 4 p� _�to9 B. With Cause. The City reserves the right to suspend or terminate this Agreement if the ConsultantlProvider violates any of the terms or conditions of this Agreement or does not fulfill, in . a tin�:ely �.�id prope; manner, its obligations under this Agreement as determined by the City. Tn the event that the City exercises its right to wittiliold pa}nnent or terminate under this Section, it shall sub .._t �vritten notice to the ConsultanC(Provider, specifying the extent of such withhQlding or temlination under fl�is Section, the xeasons therefore, and the date upon which such withholding or temiination becomes effective. Upon receipt of such notice, the ConsultantlProvider shall take all aetions necessary to discon�inue fiirther commitments of funds to the extent that they relate to the suspended or temiinated portions of this Agreement. C. In [he event of termination, the City wili pay ConsultantJProvider for a11 service acCually, timely, and faithfully rendered up to the receipt of tl�e notice of termination and thereafter until the date of termination. The ConsultantlProvider will deliver all work products and supporting documentation developed up to tfle date oftemiination prior to the City renderin� final pa}nnent for setvice. SECTION 14: Default b�� Consultant. Tn the event Consul?antlProvide� fails or neglects to compiy with any terni or condition of this A�reement or to provide U1e services as stated herein, City shall have t]�e right, after written notice, to cease payment heretimder. This remedy shall be in addition to any other remedies, including termination, available to the City in 1aw or equity. The Ciry shall be enkitled to recover reaso�zable attorney's fees and costs of coliection associated with enforcin� its rights hereunder. SEC'TION 15: Amendment ar Changes to Agreement. ��,. City <.° ConsulCandProvide� may request chan;es that would increase, decrease, or othenuise inodify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Auy alterations, amendments, deletions, or `o'ais=ers cf the p:o:�isions of this Atrreement shall be valid only when reduced to �vriting and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have acerued prior to the effecYive date of such amendment, modification, or supplement The term "this AgreemenP' as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance hereGVith. SECTIQN 16. Notices. Except as otherwise stated in this A�reement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Rehirn Receipt Requested. Any notices or other communications shall be addressed as follows: 5 O 1-�to`l Commander Kay Wittgenstein Force Unit Ramsey County Department of Public Health Saint Paul Police Department Families in CrisislHouse Calls Pro�ram 100 East ll`'' Street 555 Cedar Street Saint Paul, MN 55101 Saint Paul, MN 55101-22b0 SECTION 17. Waiver. Any failure of a party to assert any right under this Agreement shall not constihrte a�vaiver or a tennination of that right, this Agreement, or any of this A�reement's provisions. SECTION 18. Survival of Obligntion. A. The respective obligations of the City and ConsultantlProvider under these terms and conditions, which by their nature would continLie beyond the temiination, cancellation, ar expiration hereof, shall survive termination, cancellation or expiration hereof. B. If a caurt or goveiumental a�ency with proper jurisdiction determines tl�at tl�is A�reement, or a provision herein is 4�;lawftiil, tl�is Agreement o: that provision, sha11 teiniinate. 7f a provision is so ternlivated but the parties legally, commercially, and practicab]y can continue this Agreement �vithout the terxninated provision the remainder of this A�reemei�t shall contiuue in effect. SECTION 19. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and coi�strued according to the la�vs of the State of Minnesota. All litigation relaCed to this A�eemei7t shall be vem�ed in the District Court of the Cotmty af Ramsey, Second 3udicial District, State of Minnesota. SECTION 20. Force Majeure. i�ieither the City nor the ConsultandProvider shall be held responsib:e for perfomlance if its performance is prevented by acts or events beyond the party's reasonabie control ancludin;, b�tt not limited to: severe weather and storms, earthquake or other natural occunences, strikes and other labor timrest, power failures electrical power surges or current fluctuations, nuclear or other civil military emergeneies, or acts of legislative, judicial, eaecutive, or administrative authorities. SECTION 21. Entire Agreement. A. Tt is understood and a�reed that this entire Agreement supersedes all oral agreements and ne�otiations bet�veen the parties relating to the subject matters herein. I�I WITNESS �VHEREOF, the parties hereto have executed this Agreement, the day and year first above �vritten. o �-yo°t For the City: 1�pproyecl as to forni: Attorney 1�Villiam K. Fin�l,@� l Director, Of ce of Chief of Police Services For the Co ult tJ ro�ridei gy � � � L�i�{� 1 Pa 1 Kirl c:old Its County Mana er 7 � � r' By 1 �! 1�I 7� � 7 �� Director Public By_ Recommended: ` Insurance Approved and Appro�=ed as to Form: tant County ACtorn It5 �Y. Its � � p1 � j��/ `�'� �l �'l`� J , � , �� /� �� 7 s-• CouncA File # o �_ �p+� Green Sheet # 111739 Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION CITY OF SAINT PATI., MINNESOTA 16 Committee:Date: $E IT RESOL'VED, that the City of Saint Paul Police Department is authorized to enter into the attached agreement with Ramsey County Health Department for services related to the use of on-call social workers for the placement of children during FORCE Unit search warrants in from January i, 2001 through December 31, 2001. A copy of said agreement is to be kept on file and on record in the Office of FYnancial Services. B y : ��, Approved by � G� �� Approve Mayor f r 5ubmission to Council: � B�. �"��'`'(' r ramseycnfijhlthdept.force.2001.�s Atioption CertuleQ by (;ouncll Secre�ary: / Requested by Department of: oaroz�zooi 292-3588 TOTAL # OF SIGNANRE PAGES REQUES7ED GREEN SHEET �wwcw. sErmces wz _ �YAMR(ORASSISTAM)_ Na. 111' 1NRVWDA7E u ------��" l" �cm ttc�c ❑FlNANCIAL SERV/qCGTG ❑xuxnxwcxrs (CLIP ALL LOCATIONS FOR SIGNATURE) Signatures requested on ffie attached Council Resolution between the St. Paul Police Deparhnent �Ad,R.wi9e,x County Health Departruent. RCLtI yCv APR 13 2pp1 MAYOR'S RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: Has this person/firm ever worked under a contract for this department? PIANNING COMMISSION CIB COMMITTEE YES NO Has this persoNPirtn ever been a ciiy employee� CIVIL SERVICE COMMISSION vES No 3. Ooes this persoNFan possess a skill rwt rqrtnally possessed hy any cumerrt city employee� YES NO 4 Is thrs personffirm a fargeted vendof� YES NO Explain all yes answers on separate sheet and attach to green sheet Each yeaz the St. Paul Police Depardnent FORCE Unit executes over 100 search wazrants. Often times children are encountered in circumstances in which shelter placement is necessary. The process is tune consnming, usually takes place late at night, ties up police officeTS, and ofren results in additional overtime costs. The process is traumatic for children, especially when done by the same officers who conducted the seazch warrant. (agreement attached) Reduced overtime costs to the St. Paul Police Depaztment FORCE Unit. Pree up officers to finish other responsibliries regazding tl�e search warrant. Reduce hauma to cluldren being place by using on-ca11 social workers from "House Calls" to come to the scene, meet the children, and transport them to Children s Hospital for� initial evaluarion. The "House Calls" civilian also stay: to uansport the children form the Childten's Hospital to the de�" facility. None. 11SADVANTAGES IF NOT APPROVED �" _ .�� `�� . . .� ��A 4�� f� T /'1� @ �d �T F V � E Increased overtime costs to the St. Paul Police Department Force Unit Officezs and iruazna to children being placed in shelter. >TAL AMOUNT OF TRANSACTION E MDMG SOURCE COST/REVENUE BUDGETED (CIRCLE ONE) ACTIVI7Y NUMBER YES NO lANCIAL INFORMATION (EXPLAIN) o�-�o°l Agreement # 02- Berir'een the City of Saint Paul and Ramse}� County� DepartmenY of Public Heaith THIS AGREEMENT, made and entered into this 14th day of March, 2000, by and bet�veen the City of Saint Paul, Minnesota, a municipai corporation �mder the laws of the State of Minnesota, hereinafter referred to as "City," and Ramsey County Department of Public Health-Families in Grisis/House Calis Program whose address is 555 Ced2s Street., Saint Paul, Ml�T, 55101-2260, hereinafter refen�ed to as "Consulta�t/Provider." The City and ConsultantlProvider, in consideration of the muhial ternls and conditions, pxomises, covenants, and payir.ents hereinafter set fo�th, a�ree as foll�ws: SECTION 1: Scope of Services. A. ConsultantlProvider agrees to provide transportation of children to Children's Medica] Center aud then to a shelter home after execution of a search wan�ant by the City F.O.R.C.E. Unit. The specific times aonsultant will provide service are: Tuesday through Friday 5:00 p.m. to midnight Saturday 3:Q0 p.r.i. to midnieht �'�' CTl�ii: L: �d i11i0 �^ Ln a.`viil A. The seivices described in Section 1 shall be commenced on January 1, 2001 and will be completed in accordance with the schedule mufually agreed upon with the Cit} through December 31, 2001. B. ConsuAtautlProvider shall not proeeed with any task without sp�cific authorizatian from tl�e Project Mana�er desi�:ated by the City. C. T�z the event there are delays caused by actions of the City or which may be reasonably requested by the ConsultandProvider which can chan�e the completion date, ConsultantJProvider shall request an extension of time for completion of the project. The Project Manager will ravie« the request and may grant to the Coilsultant/Provider such extensions of contract time as may be reasonable. SECTION 3: Billings and Pa}�ment. A. That for ConsLiltanYs(Provider's faitbfiil perfonnance of this Agreement, the City hereby agrees to compensate the Consultant/Provider �3,000 for the services described in Section 1. B. The above amoLmts shall fully compensate the Consultant(Provider for all costs. No claim 1 O l -'� for seivices and/or costs provided by the ConsuitantlProvider, not specifically provided for in this Agreement wiil be honored by the City. Total costs for the project shall not exceed S3000.00. C. ConsultantJPzovider shall submit an itemized invoice to the City by December 1, 2001. Upon receipt of the invoice and verification of the charges by the Proj ect Manager, payment shall be made by the City to CansultantlProvider �vithvi thirty (30) days. D. In the event the Consultant(Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the �vork or services as a;reed to herein, the City reserves tiie right to withhold any payn�ent uutii the City is saCisfied that correcti��e action has been taken or completed. This option is in addition to and iiot in lieu of the City's right to termination as provided in other sections of this Agreement. SECTION 4: Praject Management. A. The Ciry requires the Cousultant(PrQV;der to assi�! specific individuals as principal projecC members and to assure that the major work and coordination will remain the responsibiliTy of these individuals during the tenn of this Agreement. Removal of any principal project member without replacemer.c by equally qu2lified individuals or withoLit the prior written approval ofthe City is grouuds for teimination of the A�reemeut by the City. ConsultanYslProvidei's principai project members are: F_ay WiYtgelistein Department of PaUlic Health Families in CrisislHouse Cai1s Proa am 555 Cedar Street Saint Paul, MN 55101-2770 Commander Force Unit St. Paul Police Department. 100 East 11"' Street St. Paul, MN 5�101 B. The City has designated the Commander of the Force Unit as the Proj ect Manager for this Agreement, and ihe iildilr;dual to ��ho?n al1 communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instrretions, reeei� e inforrnation, a�«tho��ize amendi�e :ts o: c?.anbes to±LeAgreer and interpr�i and define the City's policies and decisiovs pertinent to the work covered by thfs Agreement. SECTION 5: City Responsibilities. A. The City a�rees to provide ConsultantlProvider with access to any information from City documents, staff, and other sources needed by Consultant/Provider to complete the work described herein. SECTION 6: 'Work Products, Records, Dissemination of Tnformation. A. For puxposes of this Agreement, the following words and phrases shall have tl�e meanin�s set forth in this seetion, except �vhere the eontext clearly indicates that a different meaning is intended. a� —`,fl "YYork product" shall mean, any report, recommendation, paper, presentation, dra��ing, demonstration, or other materials, whether in r�ritten, electronic, or other format ttiat results from . Consultant'slProvider's services under this Agreement. "Supporti�tg doctm:ezitcation " shali mean any sun+eys, questionnaires, notzs, research, papers, analyses, whether �vritteu electronic, or in other foiYn, and other evidences used to �enerate any and all work perfomled and �vork products generated under this Agreement. `Bzcsiness records" shall mean any books, documents, papers, account records and other evidences, �vhether written, electronic, or in other forsn, belon�ing to Consultant/Provider and pertaining to �vork performed tmder this Agreement. B. Ail deliverable �vork products and supporting documentation that result from the Consultant's(Provider's services under this Agreement shall be delivered to the City and shall become the properly of t. e City after final paymenf is made to the Consultai�tfProvider �vith no right, title, or interest in said work products or sLipporting documentation aestin� in ConsultantlProvider. C. 'Ihe ConsultantlProvider agrees not to release, transmit, or other ��ise dissaminate any infomiation associated 4vith or generated as a result of the work perfomied under this Agreement �vithout p�ior ki�owledge and written consent of the City. D. In the evei�t of tennination, all work products, «'hether finished or unfinished, and �npportirQ docnmenta*:i�?� nrenared by ConsLiltantlProviclertmder this Agreement shall be delivered by Constiilta�iiii';o��iu�_� ro i',_� i it}' by the tenninatiou date a��d there shall be no fiuther obligatioil of the City to Cozisultant/Provider except £or payment of amounts due and o�vin� for any authorized work perfornied and expeuses incurred to the date and time of tennination. E. ConsultantlProvider agrees to maintain all business records in such a manner as �viil readily confonn to the temis ef this Agreement and to make such records available at its office at all reason�ble times during the A�reement periQd and for six (6) years from iiie datE of the fizza� payment imdz: uie coi:tracti for inspection or aadii b}� the Ci?;:, the State Auditor, or other duly authorized rep_ese,.tative. F. ConsulYanY/Provider agrees to abide strictiy by Chapter 13 of the Minnesota Statutes (Minnesota Goverimlent Data Practice Act) as we11 as any other applicable federal, state, and local laws or ordinances, and all applicable niles, regulations, and standards established by any agency of siich govemmental units which are now or hereafter promul�ated inso£ar as they relate to the Consultant'slProvider's performance of the provisians of this Agreen�ent. SECTION 7: Equal Opportunity EmploymenC. A. The Consultant/Provider will not discriininate a�ainst any emplo}'ee or applicant for employment for work under this Agreement because of race, color, reli�ion, sex, age, or national 3 p�_4o9 ori�in and will take affirmative steps to ensure that applicants are emp?oyed and employees are treated during employment without re�ard to race color, religion, sex, age or national origin. This provision shall include, but not be limited to the follo�ving: employment, up�radin�, deuzotion, or transfer; recruitment advertisina, layoff or tennination; rates of pay or their fornls of compensation; and, selection for h'aining, including apprenticeship. SECTION 8: Compliance �Vith Applicable La�v. A. ConsultantlProvidex agrees to complywith all federal, state, and local ]a«�s or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafrer promulgated insofar as they relate to the Consultant'slProvider's perfonnance of the provisions of this Agreement. It shall be the obligation of the Consultant(Provider to apply for, pay for, and obtain all permits andlor licenses required. SECTION 9: Independenf Contractor. A. It is agreed by tl�e parties that, at a11 times and for all puiposes within the scope of this Agreemeizt, the relationship of the Cons�ilta�ltlProvider to the City is Yhat of independent contractor and not that of employee. No sta*.ement contained in this Agreemeut shall be construed so as to find Consultaait/Provider an employee of the City, and ConsultantlProvider shall be entitled to none of the rights, privileges, or benefits of Saint Paul employees. SECTTON 10. Subcontracting. A. The Consultat�tlPtiovider agrees not to enter into any snbcontracts for any of Che woric co?ltemplated nnder flus Ag:eem�nt without obtainiilg prinr written approval of the City. SECTION 11. Hold Harmless. That each party will be responsible for their own acts or onussions for their employees, agents and officials. Nathing in this agreemenY shall constitute a �vaiver by either party of any stahrtory limits or exceprions on liaUiiitp. SECTION 12. Assigns��ent. A. The City and Consultant/Provider each binds itself and its successors, ]egal representatives, and assi�ns of such other party, `vlth respect to al1 covenant of this Agreement; and neiCher the City nor the ConsultantJProvider will assign or transfer their interest in this Agreement �vithout the written co.lsant of tlie o±l�er. SECTION 13. Termination. A. This Agreement will continue in full force and effect imtil completion of tl�e project as described herein unless it is temlinated at an earlier date by either party. Either party to this Agreement may terminated it by �iving no less than thirty (30) days written notice of the intent to terminate to the other party. 4 p� _�to9 B. With Cause. The City reserves the right to suspend or terminate this Agreement if the ConsultantlProvider violates any of the terms or conditions of this Agreement or does not fulfill, in . a tin�:ely �.�id prope; manner, its obligations under this Agreement as determined by the City. Tn the event that the City exercises its right to wittiliold pa}nnent or terminate under this Section, it shall sub .._t �vritten notice to the ConsultanC(Provider, specifying the extent of such withhQlding or temlination under fl�is Section, the xeasons therefore, and the date upon which such withholding or temiination becomes effective. Upon receipt of such notice, the ConsultantlProvider shall take all aetions necessary to discon�inue fiirther commitments of funds to the extent that they relate to the suspended or temiinated portions of this Agreement. C. In [he event of termination, the City wili pay ConsultantJProvider for a11 service acCually, timely, and faithfully rendered up to the receipt of tl�e notice of termination and thereafter until the date of termination. The ConsultantlProvider will deliver all work products and supporting documentation developed up to tfle date oftemiination prior to the City renderin� final pa}nnent for setvice. SECTION 14: Default b�� Consultant. Tn the event Consul?antlProvide� fails or neglects to compiy with any terni or condition of this A�reement or to provide U1e services as stated herein, City shall have t]�e right, after written notice, to cease payment heretimder. This remedy shall be in addition to any other remedies, including termination, available to the City in 1aw or equity. The Ciry shall be enkitled to recover reaso�zable attorney's fees and costs of coliection associated with enforcin� its rights hereunder. SEC'TION 15: Amendment ar Changes to Agreement. ��,. City <.° ConsulCandProvide� may request chan;es that would increase, decrease, or othenuise inodify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Auy alterations, amendments, deletions, or `o'ais=ers cf the p:o:�isions of this Atrreement shall be valid only when reduced to �vriting and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have acerued prior to the effecYive date of such amendment, modification, or supplement The term "this AgreemenP' as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance hereGVith. SECTIQN 16. Notices. Except as otherwise stated in this A�reement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Rehirn Receipt Requested. Any notices or other communications shall be addressed as follows: 5 O 1-�to`l Commander Kay Wittgenstein Force Unit Ramsey County Department of Public Health Saint Paul Police Department Families in CrisislHouse Calls Pro�ram 100 East ll`'' Street 555 Cedar Street Saint Paul, MN 55101 Saint Paul, MN 55101-22b0 SECTION 17. Waiver. Any failure of a party to assert any right under this Agreement shall not constihrte a�vaiver or a tennination of that right, this Agreement, or any of this A�reement's provisions. SECTION 18. Survival of Obligntion. A. The respective obligations of the City and ConsultantlProvider under these terms and conditions, which by their nature would continLie beyond the temiination, cancellation, ar expiration hereof, shall survive termination, cancellation or expiration hereof. B. If a caurt or goveiumental a�ency with proper jurisdiction determines tl�at tl�is A�reement, or a provision herein is 4�;lawftiil, tl�is Agreement o: that provision, sha11 teiniinate. 7f a provision is so ternlivated but the parties legally, commercially, and practicab]y can continue this Agreement �vithout the terxninated provision the remainder of this A�reemei�t shall contiuue in effect. SECTION 19. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and coi�strued according to the la�vs of the State of Minnesota. All litigation relaCed to this A�eemei7t shall be vem�ed in the District Court of the Cotmty af Ramsey, Second 3udicial District, State of Minnesota. SECTION 20. Force Majeure. i�ieither the City nor the ConsultandProvider shall be held responsib:e for perfomlance if its performance is prevented by acts or events beyond the party's reasonabie control ancludin;, b�tt not limited to: severe weather and storms, earthquake or other natural occunences, strikes and other labor timrest, power failures electrical power surges or current fluctuations, nuclear or other civil military emergeneies, or acts of legislative, judicial, eaecutive, or administrative authorities. SECTION 21. Entire Agreement. A. Tt is understood and a�reed that this entire Agreement supersedes all oral agreements and ne�otiations bet�veen the parties relating to the subject matters herein. I�I WITNESS �VHEREOF, the parties hereto have executed this Agreement, the day and year first above �vritten. o �-yo°t For the City: 1�pproyecl as to forni: Attorney 1�Villiam K. Fin�l,@� l Director, Of ce of Chief of Police Services For the Co ult tJ ro�ridei gy � � � L�i�{� 1 Pa 1 Kirl c:old Its County Mana er 7 � � r' By 1 �! 1�I 7� � 7 �� Director Public By_ Recommended: ` Insurance Approved and Appro�=ed as to Form: tant County ACtorn It5 �Y. Its � � p1 � j��/ `�'� �l �'l`� J , � , �� /� �� 7 s-• CouncA File # o �_ �p+� Green Sheet # 111739 Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION CITY OF SAINT PATI., MINNESOTA 16 Committee:Date: $E IT RESOL'VED, that the City of Saint Paul Police Department is authorized to enter into the attached agreement with Ramsey County Health Department for services related to the use of on-call social workers for the placement of children during FORCE Unit search warrants in from January i, 2001 through December 31, 2001. A copy of said agreement is to be kept on file and on record in the Office of FYnancial Services. B y : ��, Approved by � G� �� Approve Mayor f r 5ubmission to Council: � B�. �"��'`'(' r ramseycnfijhlthdept.force.2001.�s Atioption CertuleQ by (;ouncll Secre�ary: / Requested by Department of: oaroz�zooi 292-3588 TOTAL # OF SIGNANRE PAGES REQUES7ED GREEN SHEET �wwcw. sErmces wz _ �YAMR(ORASSISTAM)_ Na. 111' 1NRVWDA7E u ------��" l" �cm ttc�c ❑FlNANCIAL SERV/qCGTG ❑xuxnxwcxrs (CLIP ALL LOCATIONS FOR SIGNATURE) Signatures requested on ffie attached Council Resolution between the St. Paul Police Deparhnent �Ad,R.wi9e,x County Health Departruent. RCLtI yCv APR 13 2pp1 MAYOR'S RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: Has this person/firm ever worked under a contract for this department? PIANNING COMMISSION CIB COMMITTEE YES NO Has this persoNPirtn ever been a ciiy employee� CIVIL SERVICE COMMISSION vES No 3. Ooes this persoNFan possess a skill rwt rqrtnally possessed hy any cumerrt city employee� YES NO 4 Is thrs personffirm a fargeted vendof� YES NO Explain all yes answers on separate sheet and attach to green sheet Each yeaz the St. Paul Police Depardnent FORCE Unit executes over 100 search wazrants. Often times children are encountered in circumstances in which shelter placement is necessary. The process is tune consnming, usually takes place late at night, ties up police officeTS, and ofren results in additional overtime costs. The process is traumatic for children, especially when done by the same officers who conducted the seazch warrant. (agreement attached) Reduced overtime costs to the St. Paul Police Depaztment FORCE Unit. Pree up officers to finish other responsibliries regazding tl�e search warrant. Reduce hauma to cluldren being place by using on-ca11 social workers from "House Calls" to come to the scene, meet the children, and transport them to Children s Hospital for� initial evaluarion. The "House Calls" civilian also stay: to uansport the children form the Childten's Hospital to the de�" facility. None. 11SADVANTAGES IF NOT APPROVED �" _ .�� `�� . . .� ��A 4�� f� T /'1� @ �d �T F V � E Increased overtime costs to the St. Paul Police Department Force Unit Officezs and iruazna to children being placed in shelter. >TAL AMOUNT OF TRANSACTION E MDMG SOURCE COST/REVENUE BUDGETED (CIRCLE ONE) ACTIVI7Y NUMBER YES NO lANCIAL INFORMATION (EXPLAIN) o�-�o°l Agreement # 02- Berir'een the City of Saint Paul and Ramse}� County� DepartmenY of Public Heaith THIS AGREEMENT, made and entered into this 14th day of March, 2000, by and bet�veen the City of Saint Paul, Minnesota, a municipai corporation �mder the laws of the State of Minnesota, hereinafter referred to as "City," and Ramsey County Department of Public Health-Families in Grisis/House Calis Program whose address is 555 Ced2s Street., Saint Paul, Ml�T, 55101-2260, hereinafter refen�ed to as "Consulta�t/Provider." The City and ConsultantlProvider, in consideration of the muhial ternls and conditions, pxomises, covenants, and payir.ents hereinafter set fo�th, a�ree as foll�ws: SECTION 1: Scope of Services. A. ConsultantlProvider agrees to provide transportation of children to Children's Medica] Center aud then to a shelter home after execution of a search wan�ant by the City F.O.R.C.E. Unit. The specific times aonsultant will provide service are: Tuesday through Friday 5:00 p.m. to midnight Saturday 3:Q0 p.r.i. to midnieht �'�' CTl�ii: L: �d i11i0 �^ Ln a.`viil A. The seivices described in Section 1 shall be commenced on January 1, 2001 and will be completed in accordance with the schedule mufually agreed upon with the Cit} through December 31, 2001. B. ConsuAtautlProvider shall not proeeed with any task without sp�cific authorizatian from tl�e Project Mana�er desi�:ated by the City. C. T�z the event there are delays caused by actions of the City or which may be reasonably requested by the ConsultandProvider which can chan�e the completion date, ConsultantJProvider shall request an extension of time for completion of the project. The Project Manager will ravie« the request and may grant to the Coilsultant/Provider such extensions of contract time as may be reasonable. SECTION 3: Billings and Pa}�ment. A. That for ConsLiltanYs(Provider's faitbfiil perfonnance of this Agreement, the City hereby agrees to compensate the Consultant/Provider �3,000 for the services described in Section 1. B. The above amoLmts shall fully compensate the Consultant(Provider for all costs. No claim 1 O l -'� for seivices and/or costs provided by the ConsuitantlProvider, not specifically provided for in this Agreement wiil be honored by the City. Total costs for the project shall not exceed S3000.00. C. ConsultantJPzovider shall submit an itemized invoice to the City by December 1, 2001. Upon receipt of the invoice and verification of the charges by the Proj ect Manager, payment shall be made by the City to CansultantlProvider �vithvi thirty (30) days. D. In the event the Consultant(Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the �vork or services as a;reed to herein, the City reserves tiie right to withhold any payn�ent uutii the City is saCisfied that correcti��e action has been taken or completed. This option is in addition to and iiot in lieu of the City's right to termination as provided in other sections of this Agreement. SECTION 4: Praject Management. A. The Ciry requires the Cousultant(PrQV;der to assi�! specific individuals as principal projecC members and to assure that the major work and coordination will remain the responsibiliTy of these individuals during the tenn of this Agreement. Removal of any principal project member without replacemer.c by equally qu2lified individuals or withoLit the prior written approval ofthe City is grouuds for teimination of the A�reemeut by the City. ConsultanYslProvidei's principai project members are: F_ay WiYtgelistein Department of PaUlic Health Families in CrisislHouse Cai1s Proa am 555 Cedar Street Saint Paul, MN 55101-2770 Commander Force Unit St. Paul Police Department. 100 East 11"' Street St. Paul, MN 5�101 B. The City has designated the Commander of the Force Unit as the Proj ect Manager for this Agreement, and ihe iildilr;dual to ��ho?n al1 communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instrretions, reeei� e inforrnation, a�«tho��ize amendi�e :ts o: c?.anbes to±LeAgreer and interpr�i and define the City's policies and decisiovs pertinent to the work covered by thfs Agreement. SECTION 5: City Responsibilities. A. The City a�rees to provide ConsultantlProvider with access to any information from City documents, staff, and other sources needed by Consultant/Provider to complete the work described herein. SECTION 6: 'Work Products, Records, Dissemination of Tnformation. A. For puxposes of this Agreement, the following words and phrases shall have tl�e meanin�s set forth in this seetion, except �vhere the eontext clearly indicates that a different meaning is intended. a� —`,fl "YYork product" shall mean, any report, recommendation, paper, presentation, dra��ing, demonstration, or other materials, whether in r�ritten, electronic, or other format ttiat results from . Consultant'slProvider's services under this Agreement. "Supporti�tg doctm:ezitcation " shali mean any sun+eys, questionnaires, notzs, research, papers, analyses, whether �vritteu electronic, or in other foiYn, and other evidences used to �enerate any and all work perfomled and �vork products generated under this Agreement. `Bzcsiness records" shall mean any books, documents, papers, account records and other evidences, �vhether written, electronic, or in other forsn, belon�ing to Consultant/Provider and pertaining to �vork performed tmder this Agreement. B. Ail deliverable �vork products and supporting documentation that result from the Consultant's(Provider's services under this Agreement shall be delivered to the City and shall become the properly of t. e City after final paymenf is made to the Consultai�tfProvider �vith no right, title, or interest in said work products or sLipporting documentation aestin� in ConsultantlProvider. C. 'Ihe ConsultantlProvider agrees not to release, transmit, or other ��ise dissaminate any infomiation associated 4vith or generated as a result of the work perfomied under this Agreement �vithout p�ior ki�owledge and written consent of the City. D. In the evei�t of tennination, all work products, «'hether finished or unfinished, and �npportirQ docnmenta*:i�?� nrenared by ConsLiltantlProviclertmder this Agreement shall be delivered by Constiilta�iiii';o��iu�_� ro i',_� i it}' by the tenninatiou date a��d there shall be no fiuther obligatioil of the City to Cozisultant/Provider except £or payment of amounts due and o�vin� for any authorized work perfornied and expeuses incurred to the date and time of tennination. E. ConsultantlProvider agrees to maintain all business records in such a manner as �viil readily confonn to the temis ef this Agreement and to make such records available at its office at all reason�ble times during the A�reement periQd and for six (6) years from iiie datE of the fizza� payment imdz: uie coi:tracti for inspection or aadii b}� the Ci?;:, the State Auditor, or other duly authorized rep_ese,.tative. F. ConsulYanY/Provider agrees to abide strictiy by Chapter 13 of the Minnesota Statutes (Minnesota Goverimlent Data Practice Act) as we11 as any other applicable federal, state, and local laws or ordinances, and all applicable niles, regulations, and standards established by any agency of siich govemmental units which are now or hereafter promul�ated inso£ar as they relate to the Consultant'slProvider's performance of the provisians of this Agreen�ent. SECTION 7: Equal Opportunity EmploymenC. A. The Consultant/Provider will not discriininate a�ainst any emplo}'ee or applicant for employment for work under this Agreement because of race, color, reli�ion, sex, age, or national 3 p�_4o9 ori�in and will take affirmative steps to ensure that applicants are emp?oyed and employees are treated during employment without re�ard to race color, religion, sex, age or national origin. This provision shall include, but not be limited to the follo�ving: employment, up�radin�, deuzotion, or transfer; recruitment advertisina, layoff or tennination; rates of pay or their fornls of compensation; and, selection for h'aining, including apprenticeship. SECTION 8: Compliance �Vith Applicable La�v. A. ConsultantlProvidex agrees to complywith all federal, state, and local ]a«�s or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafrer promulgated insofar as they relate to the Consultant'slProvider's perfonnance of the provisions of this Agreement. It shall be the obligation of the Consultant(Provider to apply for, pay for, and obtain all permits andlor licenses required. SECTION 9: Independenf Contractor. A. It is agreed by tl�e parties that, at a11 times and for all puiposes within the scope of this Agreemeizt, the relationship of the Cons�ilta�ltlProvider to the City is Yhat of independent contractor and not that of employee. No sta*.ement contained in this Agreemeut shall be construed so as to find Consultaait/Provider an employee of the City, and ConsultantlProvider shall be entitled to none of the rights, privileges, or benefits of Saint Paul employees. SECTTON 10. Subcontracting. A. The Consultat�tlPtiovider agrees not to enter into any snbcontracts for any of Che woric co?ltemplated nnder flus Ag:eem�nt without obtainiilg prinr written approval of the City. SECTION 11. Hold Harmless. That each party will be responsible for their own acts or onussions for their employees, agents and officials. Nathing in this agreemenY shall constitute a �vaiver by either party of any stahrtory limits or exceprions on liaUiiitp. SECTION 12. Assigns��ent. A. The City and Consultant/Provider each binds itself and its successors, ]egal representatives, and assi�ns of such other party, `vlth respect to al1 covenant of this Agreement; and neiCher the City nor the ConsultantJProvider will assign or transfer their interest in this Agreement �vithout the written co.lsant of tlie o±l�er. SECTION 13. Termination. A. This Agreement will continue in full force and effect imtil completion of tl�e project as described herein unless it is temlinated at an earlier date by either party. Either party to this Agreement may terminated it by �iving no less than thirty (30) days written notice of the intent to terminate to the other party. 4 p� _�to9 B. With Cause. The City reserves the right to suspend or terminate this Agreement if the ConsultantlProvider violates any of the terms or conditions of this Agreement or does not fulfill, in . a tin�:ely �.�id prope; manner, its obligations under this Agreement as determined by the City. Tn the event that the City exercises its right to wittiliold pa}nnent or terminate under this Section, it shall sub .._t �vritten notice to the ConsultanC(Provider, specifying the extent of such withhQlding or temlination under fl�is Section, the xeasons therefore, and the date upon which such withholding or temiination becomes effective. Upon receipt of such notice, the ConsultantlProvider shall take all aetions necessary to discon�inue fiirther commitments of funds to the extent that they relate to the suspended or temiinated portions of this Agreement. C. In [he event of termination, the City wili pay ConsultantJProvider for a11 service acCually, timely, and faithfully rendered up to the receipt of tl�e notice of termination and thereafter until the date of termination. The ConsultantlProvider will deliver all work products and supporting documentation developed up to tfle date oftemiination prior to the City renderin� final pa}nnent for setvice. SECTION 14: Default b�� Consultant. Tn the event Consul?antlProvide� fails or neglects to compiy with any terni or condition of this A�reement or to provide U1e services as stated herein, City shall have t]�e right, after written notice, to cease payment heretimder. This remedy shall be in addition to any other remedies, including termination, available to the City in 1aw or equity. The Ciry shall be enkitled to recover reaso�zable attorney's fees and costs of coliection associated with enforcin� its rights hereunder. SEC'TION 15: Amendment ar Changes to Agreement. ��,. City <.° ConsulCandProvide� may request chan;es that would increase, decrease, or othenuise inodify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. B. Auy alterations, amendments, deletions, or `o'ais=ers cf the p:o:�isions of this Atrreement shall be valid only when reduced to �vriting and duly signed by the parties. C. Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have acerued prior to the effecYive date of such amendment, modification, or supplement The term "this AgreemenP' as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance hereGVith. SECTIQN 16. Notices. Except as otherwise stated in this A�reement, any notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Rehirn Receipt Requested. Any notices or other communications shall be addressed as follows: 5 O 1-�to`l Commander Kay Wittgenstein Force Unit Ramsey County Department of Public Health Saint Paul Police Department Families in CrisislHouse Calls Pro�ram 100 East ll`'' Street 555 Cedar Street Saint Paul, MN 55101 Saint Paul, MN 55101-22b0 SECTION 17. Waiver. Any failure of a party to assert any right under this Agreement shall not constihrte a�vaiver or a tennination of that right, this Agreement, or any of this A�reement's provisions. SECTION 18. Survival of Obligntion. A. The respective obligations of the City and ConsultantlProvider under these terms and conditions, which by their nature would continLie beyond the temiination, cancellation, ar expiration hereof, shall survive termination, cancellation or expiration hereof. B. If a caurt or goveiumental a�ency with proper jurisdiction determines tl�at tl�is A�reement, or a provision herein is 4�;lawftiil, tl�is Agreement o: that provision, sha11 teiniinate. 7f a provision is so ternlivated but the parties legally, commercially, and practicab]y can continue this Agreement �vithout the terxninated provision the remainder of this A�reemei�t shall contiuue in effect. SECTION 19. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and coi�strued according to the la�vs of the State of Minnesota. All litigation relaCed to this A�eemei7t shall be vem�ed in the District Court of the Cotmty af Ramsey, Second 3udicial District, State of Minnesota. SECTION 20. Force Majeure. i�ieither the City nor the ConsultandProvider shall be held responsib:e for perfomlance if its performance is prevented by acts or events beyond the party's reasonabie control ancludin;, b�tt not limited to: severe weather and storms, earthquake or other natural occunences, strikes and other labor timrest, power failures electrical power surges or current fluctuations, nuclear or other civil military emergeneies, or acts of legislative, judicial, eaecutive, or administrative authorities. SECTION 21. Entire Agreement. A. Tt is understood and a�reed that this entire Agreement supersedes all oral agreements and ne�otiations bet�veen the parties relating to the subject matters herein. I�I WITNESS �VHEREOF, the parties hereto have executed this Agreement, the day and year first above �vritten. o �-yo°t For the City: 1�pproyecl as to forni: Attorney 1�Villiam K. Fin�l,@� l Director, Of ce of Chief of Police Services For the Co ult tJ ro�ridei gy � � � L�i�{� 1 Pa 1 Kirl c:old Its County Mana er 7 � � r' By 1 �! 1�I 7� � 7 �� Director Public By_ Recommended: ` Insurance Approved and Appro�=ed as to Form: tant County ACtorn It5 �Y. Its � � p1 � j��/ `�'� �l �'l`� J , � , �� /� �� 7