Loading...
01-847� 1 - r ' ,'F i � r"= ; ; P'� � j V i '`: � ar� ' �`�.{ � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By: �� Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement, which includes an indemn'�f'ication clause, with Collaborative Movement for ImprovemenU 3 New Beginnings Center for project coordinafion of Police Department issues at the Summit University 4 weed and seed site. A copy of said agreement is to be kept on file and on record in the Office of 5 FSnancial Services. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 8enanav Adopted by Approved by Mayor for Submission to Council: BY: 1.e /t9�i�-�� � COIlIlCiI FY10 # p \ � g1.�s� Green Sheet # 111811 Requested by Department of: CMI SummitU W eed&Seedcontract.cr.01 DEPARTR!sNT/OFFICEICOUNCIL DATE INITIATED roi��e s�vot GRE�N SHEET No. 111811 C NTA PER O PH INRIAUDATE INfMUDAiE WilliamFinney 292-3588 1 o�amr��+roiaECroa_ 4 wuxca O��.y� I L p�Y/R9RNEY� �CI.EPK �� u ��rv�m.•°. SQiNCE501R�_ �NANCW.SERV/ACCiG ` , Y ,wYIXt(ORASSISiANT�� �NUtlNlPoGMS V.� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoN a�nues�o Sie„natures iequested on the attached council iesolution authoiizing the St Paul Police Depazhnent to entex into the attached ageement, wluch includes an indenmifcation clause, with Collaborative Movement for Improvement/New Be. �nnings Center (CMI/NBG� for project coordination of Police Department issues at the Sws�it Universiry weed and seed site. RECOMMENDATION ApproV2 (A) Of REj2ct (R) PERSONAL SERVICE GONTRACTS MUST ANSWER THE FOLLON7NG QUESTIONS: i. Has ihis persoNfirtn ever worked under a contract for fhis depaRment? �. PLANNING CAMMISSION vES NO CIB COMMITTEE 2. Has this person/firtn sver been a ciryemployee? � CNIL SERVICE COMMISSION YES NO 3. Doesthis persoNfiim possess a skill not (wrmally possessed by amg wrte�rt city employee? YES NO ' 4. Is this person/firm a iargeted vendor? YES NO ' Explain all yes answers on separate sheet and attach to green sheet IN171ATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY) CMI/NBC has funds available to reimburse the Saint Paul Police Department for police services needed to increase � police presence and strengthen police/comiuuuity relations at the Snumut University weed and seed i�q,��, ,�8�2�` �� p,`�4G 0 � 2001 . ADVANTAGESIFAPPROVED . S4engthened police/commuuity zelations in the Snrrunit Univetsity azea. t J _- DISADVANTAGESIFAPPROVED None � DISADVANTAGESIFNOTAPPROVED Lost opportunity to partnership with CMVNBC to improve the quality of life in the SummiY University axea. TOTAL AMOUNT OF TRANSACTION $ 18,000.00 COS7fREVENUE BUDGE7ED (CIRCLE ONE) YES FUNOMGSOURCE CMI/NBC �or �� ACTIVITYNUMBER OOl-041O0 FINANCIAL INFORMATION EXPLAIN CMISumttti[U Weed&Seedconttac[cr.gsA l o�-��cn SUBCONTRACT THIS SUBCONTRACT is entered into this 1�` day of May 1, 2001, by and between Collabozative Movement for Improvement/New Beginnings Center, a Minnesota nonprofit corporation (CMI/NBC) and the St. Paul Police Depaztment (Subcontractor). RECITALS A. CMI/NBC, acting as the fiscal agent for Snwmit-University Weed & Seed program, shall enter into a Contract with the Subcontractor. B. The purpose of the Weed & Seed Contract, is to ha�e CMUNBC enter into a Contract with the Subcontractor to provide police overtime to the Smiunit-University area. C In order to carry out its obligations under the Weed & Seed Contract, CMI/NBC desires to engage the services of the Subcontractor, and the Subcontractor desires to provide such services pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein the parties hereby agree as follows: SECTION 1: Services A. During the term of this Subcontract, the Subcontractor agrees to provide project coordination of Police Department Issues, and any related services, above and beyond the regular scope of duty, to the Sumrcnit-LJniversity Weed & Seed site, as recognized and defined in the grant awarded by the State of Minnesota. B. Such services shall include, but not limited to attendance at Steering Committee meetings, whenever possible, sufficient staff and/or overtime hours to increase Police presence, good faith efforts toward strengthened police/community relations, and warks toward improved community quality of life, as pernutted by funds allowed. The 5ubcontractor shall consult with or report to the Weed & Seed Coordinator and/ar members of the Steering Coxnmittee as needed increased forward progress of the Weed & Seed strategy. SECTION 2: Payment and Reimbursement In exchange for the Services to be performed hereunder by the Subcontractor, CMI/NBC sha11 pay the Subcontractor a inaximum of $18,000.00 on a reimbursable basis. Such payments shall be accepted by the 5ubcontractor as payment in full for the Services. All payments are conditional upon compliance by the Subcontractor in accordance with Minn. Stat. *245.485 to *245.4888 and a11 other applicable laws, rules and standards. SECTION 3: Books and Records The Subcontractor agrees to inaintain books, recards, documents and other evidence of this Subcontractor in the u�anner prescribed from time to time by CMUNBC or the Weed & Seed program. The Subcontractor shall provide access to such books and records from time to time as reasonably requested by CMUNBC or the Weed & Seed program. 01-ir4? SECTION 4: Terms The terms of the Subcontract shall be for the period May 1, 2001 to December 31, 2001 provided that either the Subcontractor CMI/NBC may tenvinate this Contract upon thizty (30) days norice to the other party, and provided farther that this Subcontractor shall terminate immediately and without notice in the event the Weed & Seed Contract with CMI/NBC is temunated. SECTTON 5: Representations and Warranties ofthe Subcontractor (a) Compliance with Laws: Licensure. The Subcontractor agrees to comply with all federal, state, counry and local laws, regulations, ordinaxices, rules and certifications as pertaining to the facilities, programs, and staff for wluch the Subcontractor is responsible during the term of this Contract. This will include, but not be limited to, cunent health, fire marshaJl and program licenses, zoning standards, staff certification requirements, and all other applicable laws, regulations, ordivauces, rules, and certifications which are effective or will become effective during the terxn of this Contract. Any failure of the Subcontractor to comply with the requirements of this parag�aph 5(a) shall constitute cause for cancellation of this Contract by CMI/NBC. Not withstanding any other provision of this Contract, such cancellation may be effective, in the sole discretion of CMI/NBC, as of the date of failure. (b) Corn_pliance with Contract. The Subcontractor agrees to comply with all of the provisions of the Weed & Seed Contract, including, without limitation, the provisions relating (1) to an annual certified audit contained in Section TII.H, (ii) to statutory and organizational requirements contained in Section N, and (iii) to equal employment upon fanuly and civil rights contained in Section V. SECITON 6: Independent Contractor Status It is agreed that nothing contained in this Contact is intended or should be construed as creating the relationship of co-partners, joint venttuers, or an association with CNII/NBC and the Subcontractor. The subcontractor is an independent contractor and neither it, its employees, agents nor representatives shall be considered employees, agents or representatives of CMI/NBC. Except as otherwise provided herein, the Subcontractor sha11 maintain in all respects the personnel by which this Contract is performed. From any amounts due the Subcontractor, there will be no deductions far federal income taY or FICA payments, or for any state income tas, nor for any other purposes which are associated with any employer/employee relationship unless required by law. Payment of federal income tax, FTCA payxnents and state income tax are the responsibility of the Subcontractor. SECTION 7: Indemnification CMI/NBC Except when caused by the negligence of C1VII/NBC the Subcontractor agrees to defend, indemuify, and hold liarn�less CMI/NBC, its directors, officers, employees, and agents against any and all liabilities, losses, damages, costs, and ea�penses, including attorney's fees, which CMUNBC any sustain, incur ar be required to pay by reason of any act or omission of the Subcontractor, its agents, directors, officers, or employees during the performance under this Contract. a �-rN'1 (a) SECTION 8: Confidentiality The parties acknowledge that certain confidential infom�ation may be transmitted or disclosed by the parties to each other in connection with their perfoiv�ance under th'vs Contract. For purposes of this Contract, "confidential information" includes financial information, patient records and accounts, trade secrets, and all other information designated by the Weed & Seed prograzn, CMI/NBC or the Subcontractor (and communicated to the other parties) as confidential. Creneric l�owledge or information publicly known that is generally employed by the trade shall not be deemed part of he confidential information. (b) The parties shall not, at any time, directly or indirectly, use, copy, reveal, report, memorialize, publish, duplicate or otherwise disclose to any third pariy in any way whatsoever any confidential information without the written consent of the other party, which consent sha11 be exercised in the sole discretion of such party. The parties sha11 receive, ina.intain and sue the confidential information in the strictest of confidence and use best efforts to keep the confidential information strictly confidential and to preserve disclosure thereof. SECTION 9: Miscellaneous (a) Assienment. The rights, interests and obligations of the Subcontractor under the provisions of this Contract shall not be assignabie without the prior written consent of CIvII/NBC. (b) Notices. Any notice or other communication requn�ed or pernutted to be given or served upon any of the parties under this Contract shall be sufficiently delivered, given or served if delivered personally to such party as set forth below ar at such other address as such party shall designate, by giving written notice to the other parties as follows: In case of notice to CNII/NBC: Incase of notice to the Subcontractor: Collaborative Movement for Improvement 644 SelbyAvenue St. Paul, MN 55104 Attention: Reverend Devin Miller St. Paul Police Department 100 East l l`� Street St. Paul, N1N 55101 Attention: Atny Brown (c) Amendments. Any alteration, modification, waiver or amendment of the provisions of this contract shall be valid only when reduced to writing, as an amendment and signed by both parties. (d) No Waiver. Failure of either party hereto to enforce any term or provision of this Contract shall not be construed as a waiver of such term ar provision or of the right to enforce such term or provision. (e) Entire Aereement: Severabilitv. It is understood and agreed that the entire Contract of O � -f'y'j the parties is contaiued herein and that this Contract supersedes all oral any previous Contracts of the parties presently in effect re]ation to the subject matter hereof. The provision of this contract are several. If any paragraph, section, subdivision, sentence, clause, or other provision of this Contract is, far any reason, held to be contrary to any law, rule or regulations, such decision shall not affect the remainiug provisions of this Contract. ( fl Construction: Applicable Law. This Contract shall be constructed under and govemed by the laws of the State of Minnesota. (g) Counterparts. This Contract may be executed in several counteiparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. Collaborative Movement Improvement/New B ing City of St. Paul Center a Ivlinnes a nonprofit Its: CHIEF OF POLICE By: Its: Assistant City Attomey Its: Director, OfficeqF`Financial Services Its: Executive Director �e-� d� �� e e n Sl���fi `� r�� i�i��.Z � 1 - r ' ,'F i � r"= ; ; P'� � j V i '`: � ar� ' �`�.{ � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By: �� Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement, which includes an indemn'�f'ication clause, with Collaborative Movement for ImprovemenU 3 New Beginnings Center for project coordinafion of Police Department issues at the Summit University 4 weed and seed site. A copy of said agreement is to be kept on file and on record in the Office of 5 FSnancial Services. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 8enanav Adopted by Approved by Mayor for Submission to Council: BY: 1.e /t9�i�-�� � COIlIlCiI FY10 # p \ � g1.�s� Green Sheet # 111811 Requested by Department of: CMI SummitU W eed&Seedcontract.cr.01 DEPARTR!sNT/OFFICEICOUNCIL DATE INITIATED roi��e s�vot GRE�N SHEET No. 111811 C NTA PER O PH INRIAUDATE INfMUDAiE WilliamFinney 292-3588 1 o�amr��+roiaECroa_ 4 wuxca O��.y� I L p�Y/R9RNEY� �CI.EPK �� u ��rv�m.•°. SQiNCE501R�_ �NANCW.SERV/ACCiG ` , Y ,wYIXt(ORASSISiANT�� �NUtlNlPoGMS V.� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoN a�nues�o Sie„natures iequested on the attached council iesolution authoiizing the St Paul Police Depazhnent to entex into the attached ageement, wluch includes an indenmifcation clause, with Collaborative Movement for Improvement/New Be. �nnings Center (CMI/NBG� for project coordination of Police Department issues at the Sws�it Universiry weed and seed site. RECOMMENDATION ApproV2 (A) Of REj2ct (R) PERSONAL SERVICE GONTRACTS MUST ANSWER THE FOLLON7NG QUESTIONS: i. Has ihis persoNfirtn ever worked under a contract for fhis depaRment? �. PLANNING CAMMISSION vES NO CIB COMMITTEE 2. Has this person/firtn sver been a ciryemployee? � CNIL SERVICE COMMISSION YES NO 3. Doesthis persoNfiim possess a skill not (wrmally possessed by amg wrte�rt city employee? YES NO ' 4. Is this person/firm a iargeted vendor? YES NO ' Explain all yes answers on separate sheet and attach to green sheet IN171ATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY) CMI/NBC has funds available to reimburse the Saint Paul Police Department for police services needed to increase � police presence and strengthen police/comiuuuity relations at the Snumut University weed and seed i�q,��, ,�8�2�` �� p,`�4G 0 � 2001 . ADVANTAGESIFAPPROVED . S4engthened police/commuuity zelations in the Snrrunit Univetsity azea. t J _- DISADVANTAGESIFAPPROVED None � DISADVANTAGESIFNOTAPPROVED Lost opportunity to partnership with CMVNBC to improve the quality of life in the SummiY University axea. TOTAL AMOUNT OF TRANSACTION $ 18,000.00 COS7fREVENUE BUDGE7ED (CIRCLE ONE) YES FUNOMGSOURCE CMI/NBC �or �� ACTIVITYNUMBER OOl-041O0 FINANCIAL INFORMATION EXPLAIN CMISumttti[U Weed&Seedconttac[cr.gsA l o�-��cn SUBCONTRACT THIS SUBCONTRACT is entered into this 1�` day of May 1, 2001, by and between Collabozative Movement for Improvement/New Beginnings Center, a Minnesota nonprofit corporation (CMI/NBC) and the St. Paul Police Depaztment (Subcontractor). RECITALS A. CMI/NBC, acting as the fiscal agent for Snwmit-University Weed & Seed program, shall enter into a Contract with the Subcontractor. B. The purpose of the Weed & Seed Contract, is to ha�e CMUNBC enter into a Contract with the Subcontractor to provide police overtime to the Smiunit-University area. C In order to carry out its obligations under the Weed & Seed Contract, CMI/NBC desires to engage the services of the Subcontractor, and the Subcontractor desires to provide such services pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein the parties hereby agree as follows: SECTION 1: Services A. During the term of this Subcontract, the Subcontractor agrees to provide project coordination of Police Department Issues, and any related services, above and beyond the regular scope of duty, to the Sumrcnit-LJniversity Weed & Seed site, as recognized and defined in the grant awarded by the State of Minnesota. B. Such services shall include, but not limited to attendance at Steering Committee meetings, whenever possible, sufficient staff and/or overtime hours to increase Police presence, good faith efforts toward strengthened police/community relations, and warks toward improved community quality of life, as pernutted by funds allowed. The 5ubcontractor shall consult with or report to the Weed & Seed Coordinator and/ar members of the Steering Coxnmittee as needed increased forward progress of the Weed & Seed strategy. SECTION 2: Payment and Reimbursement In exchange for the Services to be performed hereunder by the Subcontractor, CMI/NBC sha11 pay the Subcontractor a inaximum of $18,000.00 on a reimbursable basis. Such payments shall be accepted by the 5ubcontractor as payment in full for the Services. All payments are conditional upon compliance by the Subcontractor in accordance with Minn. Stat. *245.485 to *245.4888 and a11 other applicable laws, rules and standards. SECTION 3: Books and Records The Subcontractor agrees to inaintain books, recards, documents and other evidence of this Subcontractor in the u�anner prescribed from time to time by CMUNBC or the Weed & Seed program. The Subcontractor shall provide access to such books and records from time to time as reasonably requested by CMUNBC or the Weed & Seed program. 01-ir4? SECTION 4: Terms The terms of the Subcontract shall be for the period May 1, 2001 to December 31, 2001 provided that either the Subcontractor CMI/NBC may tenvinate this Contract upon thizty (30) days norice to the other party, and provided farther that this Subcontractor shall terminate immediately and without notice in the event the Weed & Seed Contract with CMI/NBC is temunated. SECTTON 5: Representations and Warranties ofthe Subcontractor (a) Compliance with Laws: Licensure. The Subcontractor agrees to comply with all federal, state, counry and local laws, regulations, ordinaxices, rules and certifications as pertaining to the facilities, programs, and staff for wluch the Subcontractor is responsible during the term of this Contract. This will include, but not be limited to, cunent health, fire marshaJl and program licenses, zoning standards, staff certification requirements, and all other applicable laws, regulations, ordivauces, rules, and certifications which are effective or will become effective during the terxn of this Contract. Any failure of the Subcontractor to comply with the requirements of this parag�aph 5(a) shall constitute cause for cancellation of this Contract by CMI/NBC. Not withstanding any other provision of this Contract, such cancellation may be effective, in the sole discretion of CMI/NBC, as of the date of failure. (b) Corn_pliance with Contract. The Subcontractor agrees to comply with all of the provisions of the Weed & Seed Contract, including, without limitation, the provisions relating (1) to an annual certified audit contained in Section TII.H, (ii) to statutory and organizational requirements contained in Section N, and (iii) to equal employment upon fanuly and civil rights contained in Section V. SECITON 6: Independent Contractor Status It is agreed that nothing contained in this Contact is intended or should be construed as creating the relationship of co-partners, joint venttuers, or an association with CNII/NBC and the Subcontractor. The subcontractor is an independent contractor and neither it, its employees, agents nor representatives shall be considered employees, agents or representatives of CMI/NBC. Except as otherwise provided herein, the Subcontractor sha11 maintain in all respects the personnel by which this Contract is performed. From any amounts due the Subcontractor, there will be no deductions far federal income taY or FICA payments, or for any state income tas, nor for any other purposes which are associated with any employer/employee relationship unless required by law. Payment of federal income tax, FTCA payxnents and state income tax are the responsibility of the Subcontractor. SECTION 7: Indemnification CMI/NBC Except when caused by the negligence of C1VII/NBC the Subcontractor agrees to defend, indemuify, and hold liarn�less CMI/NBC, its directors, officers, employees, and agents against any and all liabilities, losses, damages, costs, and ea�penses, including attorney's fees, which CMUNBC any sustain, incur ar be required to pay by reason of any act or omission of the Subcontractor, its agents, directors, officers, or employees during the performance under this Contract. a �-rN'1 (a) SECTION 8: Confidentiality The parties acknowledge that certain confidential infom�ation may be transmitted or disclosed by the parties to each other in connection with their perfoiv�ance under th'vs Contract. For purposes of this Contract, "confidential information" includes financial information, patient records and accounts, trade secrets, and all other information designated by the Weed & Seed prograzn, CMI/NBC or the Subcontractor (and communicated to the other parties) as confidential. Creneric l�owledge or information publicly known that is generally employed by the trade shall not be deemed part of he confidential information. (b) The parties shall not, at any time, directly or indirectly, use, copy, reveal, report, memorialize, publish, duplicate or otherwise disclose to any third pariy in any way whatsoever any confidential information without the written consent of the other party, which consent sha11 be exercised in the sole discretion of such party. The parties sha11 receive, ina.intain and sue the confidential information in the strictest of confidence and use best efforts to keep the confidential information strictly confidential and to preserve disclosure thereof. SECTION 9: Miscellaneous (a) Assienment. The rights, interests and obligations of the Subcontractor under the provisions of this Contract shall not be assignabie without the prior written consent of CIvII/NBC. (b) Notices. Any notice or other communication requn�ed or pernutted to be given or served upon any of the parties under this Contract shall be sufficiently delivered, given or served if delivered personally to such party as set forth below ar at such other address as such party shall designate, by giving written notice to the other parties as follows: In case of notice to CNII/NBC: Incase of notice to the Subcontractor: Collaborative Movement for Improvement 644 SelbyAvenue St. Paul, MN 55104 Attention: Reverend Devin Miller St. Paul Police Department 100 East l l`� Street St. Paul, N1N 55101 Attention: Atny Brown (c) Amendments. Any alteration, modification, waiver or amendment of the provisions of this contract shall be valid only when reduced to writing, as an amendment and signed by both parties. (d) No Waiver. Failure of either party hereto to enforce any term or provision of this Contract shall not be construed as a waiver of such term ar provision or of the right to enforce such term or provision. (e) Entire Aereement: Severabilitv. It is understood and agreed that the entire Contract of O � -f'y'j the parties is contaiued herein and that this Contract supersedes all oral any previous Contracts of the parties presently in effect re]ation to the subject matter hereof. The provision of this contract are several. If any paragraph, section, subdivision, sentence, clause, or other provision of this Contract is, far any reason, held to be contrary to any law, rule or regulations, such decision shall not affect the remainiug provisions of this Contract. ( fl Construction: Applicable Law. This Contract shall be constructed under and govemed by the laws of the State of Minnesota. (g) Counterparts. This Contract may be executed in several counteiparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. Collaborative Movement Improvement/New B ing City of St. Paul Center a Ivlinnes a nonprofit Its: CHIEF OF POLICE By: Its: Assistant City Attomey Its: Director, OfficeqF`Financial Services Its: Executive Director �e-� d� �� e e n Sl���fi `� r�� i�i��.Z � 1 - r ' ,'F i � r"= ; ; P'� � j V i '`: � ar� ' �`�.{ � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By: �� Referred To: Committee:Date: 1 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached 2 agreement, which includes an indemn'�f'ication clause, with Collaborative Movement for ImprovemenU 3 New Beginnings Center for project coordinafion of Police Department issues at the Summit University 4 weed and seed site. A copy of said agreement is to be kept on file and on record in the Office of 5 FSnancial Services. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 8enanav Adopted by Approved by Mayor for Submission to Council: BY: 1.e /t9�i�-�� � COIlIlCiI FY10 # p \ � g1.�s� Green Sheet # 111811 Requested by Department of: CMI SummitU W eed&Seedcontract.cr.01 DEPARTR!sNT/OFFICEICOUNCIL DATE INITIATED roi��e s�vot GRE�N SHEET No. 111811 C NTA PER O PH INRIAUDATE INfMUDAiE WilliamFinney 292-3588 1 o�amr��+roiaECroa_ 4 wuxca O��.y� I L p�Y/R9RNEY� �CI.EPK �� u ��rv�m.•°. SQiNCE501R�_ �NANCW.SERV/ACCiG ` , Y ,wYIXt(ORASSISiANT�� �NUtlNlPoGMS V.� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoN a�nues�o Sie„natures iequested on the attached council iesolution authoiizing the St Paul Police Depazhnent to entex into the attached ageement, wluch includes an indenmifcation clause, with Collaborative Movement for Improvement/New Be. �nnings Center (CMI/NBG� for project coordination of Police Department issues at the Sws�it Universiry weed and seed site. RECOMMENDATION ApproV2 (A) Of REj2ct (R) PERSONAL SERVICE GONTRACTS MUST ANSWER THE FOLLON7NG QUESTIONS: i. Has ihis persoNfirtn ever worked under a contract for fhis depaRment? �. PLANNING CAMMISSION vES NO CIB COMMITTEE 2. Has this person/firtn sver been a ciryemployee? � CNIL SERVICE COMMISSION YES NO 3. Doesthis persoNfiim possess a skill not (wrmally possessed by amg wrte�rt city employee? YES NO ' 4. Is this person/firm a iargeted vendor? YES NO ' Explain all yes answers on separate sheet and attach to green sheet IN171ATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY) CMI/NBC has funds available to reimburse the Saint Paul Police Department for police services needed to increase � police presence and strengthen police/comiuuuity relations at the Snumut University weed and seed i�q,��, ,�8�2�` �� p,`�4G 0 � 2001 . ADVANTAGESIFAPPROVED . S4engthened police/commuuity zelations in the Snrrunit Univetsity azea. t J _- DISADVANTAGESIFAPPROVED None � DISADVANTAGESIFNOTAPPROVED Lost opportunity to partnership with CMVNBC to improve the quality of life in the SummiY University axea. TOTAL AMOUNT OF TRANSACTION $ 18,000.00 COS7fREVENUE BUDGE7ED (CIRCLE ONE) YES FUNOMGSOURCE CMI/NBC �or �� ACTIVITYNUMBER OOl-041O0 FINANCIAL INFORMATION EXPLAIN CMISumttti[U Weed&Seedconttac[cr.gsA l o�-��cn SUBCONTRACT THIS SUBCONTRACT is entered into this 1�` day of May 1, 2001, by and between Collabozative Movement for Improvement/New Beginnings Center, a Minnesota nonprofit corporation (CMI/NBC) and the St. Paul Police Depaztment (Subcontractor). RECITALS A. CMI/NBC, acting as the fiscal agent for Snwmit-University Weed & Seed program, shall enter into a Contract with the Subcontractor. B. The purpose of the Weed & Seed Contract, is to ha�e CMUNBC enter into a Contract with the Subcontractor to provide police overtime to the Smiunit-University area. C In order to carry out its obligations under the Weed & Seed Contract, CMI/NBC desires to engage the services of the Subcontractor, and the Subcontractor desires to provide such services pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein the parties hereby agree as follows: SECTION 1: Services A. During the term of this Subcontract, the Subcontractor agrees to provide project coordination of Police Department Issues, and any related services, above and beyond the regular scope of duty, to the Sumrcnit-LJniversity Weed & Seed site, as recognized and defined in the grant awarded by the State of Minnesota. B. Such services shall include, but not limited to attendance at Steering Committee meetings, whenever possible, sufficient staff and/or overtime hours to increase Police presence, good faith efforts toward strengthened police/community relations, and warks toward improved community quality of life, as pernutted by funds allowed. The 5ubcontractor shall consult with or report to the Weed & Seed Coordinator and/ar members of the Steering Coxnmittee as needed increased forward progress of the Weed & Seed strategy. SECTION 2: Payment and Reimbursement In exchange for the Services to be performed hereunder by the Subcontractor, CMI/NBC sha11 pay the Subcontractor a inaximum of $18,000.00 on a reimbursable basis. Such payments shall be accepted by the 5ubcontractor as payment in full for the Services. All payments are conditional upon compliance by the Subcontractor in accordance with Minn. Stat. *245.485 to *245.4888 and a11 other applicable laws, rules and standards. SECTION 3: Books and Records The Subcontractor agrees to inaintain books, recards, documents and other evidence of this Subcontractor in the u�anner prescribed from time to time by CMUNBC or the Weed & Seed program. The Subcontractor shall provide access to such books and records from time to time as reasonably requested by CMUNBC or the Weed & Seed program. 01-ir4? SECTION 4: Terms The terms of the Subcontract shall be for the period May 1, 2001 to December 31, 2001 provided that either the Subcontractor CMI/NBC may tenvinate this Contract upon thizty (30) days norice to the other party, and provided farther that this Subcontractor shall terminate immediately and without notice in the event the Weed & Seed Contract with CMI/NBC is temunated. SECTTON 5: Representations and Warranties ofthe Subcontractor (a) Compliance with Laws: Licensure. The Subcontractor agrees to comply with all federal, state, counry and local laws, regulations, ordinaxices, rules and certifications as pertaining to the facilities, programs, and staff for wluch the Subcontractor is responsible during the term of this Contract. This will include, but not be limited to, cunent health, fire marshaJl and program licenses, zoning standards, staff certification requirements, and all other applicable laws, regulations, ordivauces, rules, and certifications which are effective or will become effective during the terxn of this Contract. Any failure of the Subcontractor to comply with the requirements of this parag�aph 5(a) shall constitute cause for cancellation of this Contract by CMI/NBC. Not withstanding any other provision of this Contract, such cancellation may be effective, in the sole discretion of CMI/NBC, as of the date of failure. (b) Corn_pliance with Contract. The Subcontractor agrees to comply with all of the provisions of the Weed & Seed Contract, including, without limitation, the provisions relating (1) to an annual certified audit contained in Section TII.H, (ii) to statutory and organizational requirements contained in Section N, and (iii) to equal employment upon fanuly and civil rights contained in Section V. SECITON 6: Independent Contractor Status It is agreed that nothing contained in this Contact is intended or should be construed as creating the relationship of co-partners, joint venttuers, or an association with CNII/NBC and the Subcontractor. The subcontractor is an independent contractor and neither it, its employees, agents nor representatives shall be considered employees, agents or representatives of CMI/NBC. Except as otherwise provided herein, the Subcontractor sha11 maintain in all respects the personnel by which this Contract is performed. From any amounts due the Subcontractor, there will be no deductions far federal income taY or FICA payments, or for any state income tas, nor for any other purposes which are associated with any employer/employee relationship unless required by law. Payment of federal income tax, FTCA payxnents and state income tax are the responsibility of the Subcontractor. SECTION 7: Indemnification CMI/NBC Except when caused by the negligence of C1VII/NBC the Subcontractor agrees to defend, indemuify, and hold liarn�less CMI/NBC, its directors, officers, employees, and agents against any and all liabilities, losses, damages, costs, and ea�penses, including attorney's fees, which CMUNBC any sustain, incur ar be required to pay by reason of any act or omission of the Subcontractor, its agents, directors, officers, or employees during the performance under this Contract. a �-rN'1 (a) SECTION 8: Confidentiality The parties acknowledge that certain confidential infom�ation may be transmitted or disclosed by the parties to each other in connection with their perfoiv�ance under th'vs Contract. For purposes of this Contract, "confidential information" includes financial information, patient records and accounts, trade secrets, and all other information designated by the Weed & Seed prograzn, CMI/NBC or the Subcontractor (and communicated to the other parties) as confidential. Creneric l�owledge or information publicly known that is generally employed by the trade shall not be deemed part of he confidential information. (b) The parties shall not, at any time, directly or indirectly, use, copy, reveal, report, memorialize, publish, duplicate or otherwise disclose to any third pariy in any way whatsoever any confidential information without the written consent of the other party, which consent sha11 be exercised in the sole discretion of such party. The parties sha11 receive, ina.intain and sue the confidential information in the strictest of confidence and use best efforts to keep the confidential information strictly confidential and to preserve disclosure thereof. SECTION 9: Miscellaneous (a) Assienment. The rights, interests and obligations of the Subcontractor under the provisions of this Contract shall not be assignabie without the prior written consent of CIvII/NBC. (b) Notices. Any notice or other communication requn�ed or pernutted to be given or served upon any of the parties under this Contract shall be sufficiently delivered, given or served if delivered personally to such party as set forth below ar at such other address as such party shall designate, by giving written notice to the other parties as follows: In case of notice to CNII/NBC: Incase of notice to the Subcontractor: Collaborative Movement for Improvement 644 SelbyAvenue St. Paul, MN 55104 Attention: Reverend Devin Miller St. Paul Police Department 100 East l l`� Street St. Paul, N1N 55101 Attention: Atny Brown (c) Amendments. Any alteration, modification, waiver or amendment of the provisions of this contract shall be valid only when reduced to writing, as an amendment and signed by both parties. (d) No Waiver. Failure of either party hereto to enforce any term or provision of this Contract shall not be construed as a waiver of such term ar provision or of the right to enforce such term or provision. (e) Entire Aereement: Severabilitv. It is understood and agreed that the entire Contract of O � -f'y'j the parties is contaiued herein and that this Contract supersedes all oral any previous Contracts of the parties presently in effect re]ation to the subject matter hereof. The provision of this contract are several. If any paragraph, section, subdivision, sentence, clause, or other provision of this Contract is, far any reason, held to be contrary to any law, rule or regulations, such decision shall not affect the remainiug provisions of this Contract. ( fl Construction: Applicable Law. This Contract shall be constructed under and govemed by the laws of the State of Minnesota. (g) Counterparts. This Contract may be executed in several counteiparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. Collaborative Movement Improvement/New B ing City of St. Paul Center a Ivlinnes a nonprofit Its: CHIEF OF POLICE By: Its: Assistant City Attomey Its: Director, OfficeqF`Financial Services Its: Executive Director �e-� d� �� e e n Sl���fi `� r�� i�i��.Z