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01-920� O�i�if�lAL C Council File # 0�.. g a.p Green Sheet # 111816 RESOLUTION OF SAINT PAUL, NIINNESOTA Presented By: � Referred To: Committee:Date: 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the 2 attached agreement, which includes an indemnification clause, with The State of Minnesota. The St 3 Paul Police Department will conduct background invesfigations for up to twelve State assigned 4 Minnesota Police Corps Cadets A copy of this agreement is to be kept on file and on record in the 5 Office of �Ynancial 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 Certified by Council � by By: staieofm n backgroundi nvestigations Requested by �� Approve y ayor for ub iss'on to Council: �� $y� . .. DEPAf}TME;o?T/OFFICE/COUNCIL DATE INITWTED ro�� s;6roi GREEN SHEET No. 111816 °"" ON A.;T ERS N PH I� . . � INRIAWA7E INRIAVDATE yk. - WilliamFinney 292-3588 1 �r.m.rouscroa_ 4 couxca M:+ST BE ON COUNCIL AGENDA BY (DA'f� �� D�.C�� :t L � ATTORI�Y� �GIIIX 1. f�1 1�r�mm,�w.SERVICE5DH1_ �v.wm.w�SERV/ACC�G �TIXt(ORl595TRM)�� IIWNWGFRS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoHaEnuesreo Signatures requested on the attached council resolution authorizing the St. Paut Police Deparhnent to enter into an ' agreement, which includes an indemnification clause, with the State of Minnesota. RECOMMENDATION ApptOVe (A) Of RejeG[ (R) PERSONAL SERVICE COMRACTS MUST ANSWER THE FOLLONANG QUESTIONS: 7. Has ihis persoNfirtn ever worketl under a contred for this tlepartment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3. Daesthis persoNfirtn possess a sNill not nom�alry possessed by a�y cunerrt city employee? , YES NO 4. Is this pereoNfrtn a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet . INITIATING PROB�EM ISSUE, OPPORTUNIN �/VHO. WHAT, WHEN, WHERE, WHY) - The St. Paul Police Department will conduct background investigarions for up to twelve Sbte assigned Minnsota Police Corps Cadeu. The State of Minnesota will reimburse the city for eacpenses related to the backgound invesrigations ' conducted by the St. Paul Police Department. " ADVANTAGESIFAPPROVED The St. Paul Police Depaiiment will conduct eis loyment backgaounds for futuxe putenrial St. Paul Police Department academy recruits. DISADVANTAGESIFAPPROVED fP9�E#af`:tlsePl�E� None. f►61ii � i LY Y DISADVANTAGES IF NOT APPROVED The St. Paul Police Department will not be reimbursed from the STate of Minnesota for backgound invesrigarions conducted for up to twelve Minnesota Police Corps Cadeu. �-. .;�w__ _; _,;,:,, ._. __ __ _: TOiAL AMOUNi OF TRANSACTION $ See a[taChed Copy Of agreem COST/REVENUE BUDGETED (CIRCLE ONE) YES NO 8; Y ., FUNDING SOURCE State of Minnesota ACTNITY NUMBER CiOdlt OOl-040O0 , FiNANCIAL INFORMATION (EXPLAIN) , �:. � CFMS Contract No. A?4435 ;��. f5t- 184� STATE OF NIIt�T�iESOTA , JOINT POWERS AGREEMENT This a�eement is between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Divicion ("State") and the Ciry of Saint Paul, Saint Police Department ("Govemmental UniY'). Recitals Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of professionaUtechnical services to perform background invesrigations of applicants applying for the Minnesota Police Corps Program. Agreement 1 Term of Agreement 11 Effecdve date: Mav 17. 2001, or the date the State obtains all required 'signatures undez Minnesota Statutes Secrion 16C.05, subdivision 2, whichever is later. 1.2 Expzration date: June 30, 2001, or unril all obligarions have been satisfactorily fulfilled, whichever occurs first. Agreement betrveen the Parties _._ ` 2.1 The Governmental Unit will assign background investigators to conduct b`ackground anvestigations for up to 12 State assigned Minnesota Police Coips Cadets.— 22 The Govemmental UniYs assigned investigators will attend an 8 hour background investigators briefmg conducted by the State where the investigators will be briefed on the State's Minnesota Police Corps prograin and standards for conducting Minnesota Police Corps cadets' background investigati,ons. This briefing will include format and standards of the program and will be held at the State's training facility located at 1900 West County Road I., Shoreview, Minnesota 55126 on May 17, 2001 beginning at 8:00 a.m. 2.2 The Governmental UniYs investigators will investigate the background of up to iwelve (12) State assi�ed Minnesota Police Corps Cadets according to Minnesota Police Coxps program standards. 23 The Governmental Unit's assigned investigators will submit background invesfigarions of each State assigned Minnesota Police Corps Cadet, including 5 copies of background investigation summary to the State's Minnesota Police Corps' Deputy Director Michael W Quinn, no later than June 29, 2001. 2.4 Within � days after each written investigarion is completed the Govemmental Unit investigators will tum over all copies, notes andfor written materials and documentarion relaring to these background investigations to the State's Minnesota Police Corps' Deputy Duector. 2.5 The Governmental UniYs assigned investigators will complete each Minnesota Police Corps background invesrigation accarding to the `Background Investigafion Procedure" attached and incorporated into this agreement. 3 Consideration and Payment 31 Consideration. The State will pay for ali services performed by the Governmental Unit under this agreement as follows: (1) Compensation. The Govemmental L3nit will be paid a flat rate of $900.00 for up to twelve (12) completed background investigations, not to exceed $10,800.00. (2)Travel Expenses. Ali travel expenses must have prior approval by the State's Authorized Representative of this agreement. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Governmental Unit as a result of this aareement will not exceed $500.00; provided that the Governmental Unit will be reimbursed for h�avel and subsistence expenses in the same manner and in no greater amount than provided in khe cunent "Cossunissioner's Plan" promulgated by the commissioner of Employee Relations. The Govemmental loint Powevs Agreemen[ (Rev. 12/00) es i._R 3� CFNIS ConuactNo. A2443� Unit will not be reimhursed for ttavel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (�(31 Totat Obligatzon. The total obligation of the State for all compensarion and reimbursements to the Govemmental Unit under this agreement will not exceed $11,300.00. 3.2. Payment (1) Invoices. The State will prompdy pay the Governmental Unit afrer the Govemmental L3nit presents an itemized invoice foz the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and accordmg to the following schedule: One itemized invoice will be filed in arrears and within 30 days of the period covered bv the invoice for work satisfactorilv Qerformed Final invoice must be received no later than Julv 30, 2001. (�(Z1 Retainage. Under Minnesota Statutes Secrion 16C.08, subdivision 5(b), no more than 90% of the amount due under this coniract may be paid until the fmal product of this contract has been reviewed by the State's agency head. The balance due will be paid when the State's agency head determines that the Govemmental _ Unit has satisfactorily fulfilled all the terms of this contract. :_ (3) Federal funds. (Where applicable, if blank this section does not apply) Payments under this contract will be made from federal funds obtained by the United States Devartment of Justice Office of Jusrice, Office of the Police Corps and Law Enforcement Education LNlinnesota Deoartment of Public Safetv Polic Com Proeram) ._ - CFDA number 16.712 of Act 42 U S C 14091 et. Seq. The Govemmental Unit is responsible for comphance with < all federal requirements imposed on these funds and accepts full financial responsibility for anyrequirements � imposed by the Govemmental UniYs failure to comply with federal requirements. 4 Authoriaed Representatives The State's Authorized Representative is 7ean Cemenskv Staff Sereeant 1900 West Countv Road "I" Shoreview, MN 55126 or hislher successor. The Governmental UniYs Authorized Representative is Bill Finney Chief Saint Paul Police Deoarnnent, 100 East i l`�' Street St Paul. MN 55101. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Govemmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in wriring and will not be effecrive until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 53 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision 5.4 or its right to enforce it. Contract Complete. This ageement contains all negoriations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whethez written or oral, may be used to bind either party. Liability The Govemmental Unit will mdemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of acrion, including attomey's fees incurred by the State, arising from the performance of this agreement by the Governmental Unit or the Govemmentai Unit's agents or employees only to the maximum limits of its municipal tort liability limits set forth in Minnesota Statute 466.01 et seq. and any indemnifications made by the Govemmental Unit under this Agreement are accordingly governed and limited This indemnification shall not be construed as a Jofnt Powers Agreement (Rev. l2/00) o i,a�o CFMS ContractNo_ A2443� waiver of the municipal tort liability lunits set forth in Minnesota Statute 466.01 et seq.. This clause �ti�ll not be construed to baz any legal remedies the Govemmental Unit may have for the State's failure to fulfill iu obligations under this agreement 7 State Audits � Under Minn. Stat. § 16C.05, subd. 5, the Govemmental UniYs books, records, documents, and accounring procedures and practices relevant 4o this agreement are subject to examination by the State and/or the State Auditor or Le�islative Auditor, as apprapriate, for a minimum of six years from the end of this ageement. 8 Government Aata Practices The Govemmental tlnit and State must comply with the Minnesota Covemment Data Practices Act, Minn. Stat Ch. 13, as it applies to all data provided by the State under this ab eemznt, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refened to in this clause by either the Govemmental Unit or the State. If the Govemmental Unit receives a request to release the data refened to in thas Clause, the Govemmental Unit must immediately notify the State. The State will give the Govemmental Unit instructions conceming the release of the data to the requesting pasty before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey Couhty, Minnesota. f 10 Termination 10.1 Termination. The State or the Govemmental Unit may terminate this agreement at any hme, with or without cause, upon 30 days' written notice to the other party. 10.2 Termi�aation for Insufficient Faindi�ig. The State mayammediately temunate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or faac norice to the Govemmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Govemmental Unit wiil be entitled to payment, determined on a pro rata basis for services sarisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Govemmental Unit notice of the lack of funding within a reasonable rime of the State's receiving that notice. A. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY /ndividual certifies that funds hnve been encumGered ns � required by Minn. Stnt §§ TGA�and 16C.05. By� _� Signed: Date: CFMS ontract No. A- Date: COMMISSIONER OF ADMINISTRATIOn Joint Powers Agreement (Rev. 12/00) fl�-9yo � By Tit Da By Tit Da By Ti Da By Ti D< ` - - �� Jomt Powers Agreement (Rev. 12/00) CFMS ContractNo. dele�ted to Ma[erials Managemen[ Division � O�i�if�lAL C Council File # 0�.. g a.p Green Sheet # 111816 RESOLUTION OF SAINT PAUL, NIINNESOTA Presented By: � Referred To: Committee:Date: 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the 2 attached agreement, which includes an indemnification clause, with The State of Minnesota. The St 3 Paul Police Department will conduct background invesfigations for up to twelve State assigned 4 Minnesota Police Corps Cadets A copy of this agreement is to be kept on file and on record in the 5 Office of �Ynancial 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 Certified by Council � by By: staieofm n backgroundi nvestigations Requested by �� Approve y ayor for ub iss'on to Council: �� $y� . .. DEPAf}TME;o?T/OFFICE/COUNCIL DATE INITWTED ro�� s;6roi GREEN SHEET No. 111816 °"" ON A.;T ERS N PH I� . . � INRIAWA7E INRIAVDATE yk. - WilliamFinney 292-3588 1 �r.m.rouscroa_ 4 couxca M:+ST BE ON COUNCIL AGENDA BY (DA'f� �� D�.C�� :t L � ATTORI�Y� �GIIIX 1. f�1 1�r�mm,�w.SERVICE5DH1_ �v.wm.w�SERV/ACC�G �TIXt(ORl595TRM)�� IIWNWGFRS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoHaEnuesreo Signatures requested on the attached council resolution authorizing the St. Paut Police Deparhnent to enter into an ' agreement, which includes an indemnification clause, with the State of Minnesota. RECOMMENDATION ApptOVe (A) Of RejeG[ (R) PERSONAL SERVICE COMRACTS MUST ANSWER THE FOLLONANG QUESTIONS: 7. Has ihis persoNfirtn ever worketl under a contred for this tlepartment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3. Daesthis persoNfirtn possess a sNill not nom�alry possessed by a�y cunerrt city employee? , YES NO 4. Is this pereoNfrtn a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet . INITIATING PROB�EM ISSUE, OPPORTUNIN �/VHO. WHAT, WHEN, WHERE, WHY) - The St. Paul Police Department will conduct background investigarions for up to twelve Sbte assigned Minnsota Police Corps Cadeu. The State of Minnesota will reimburse the city for eacpenses related to the backgound invesrigations ' conducted by the St. Paul Police Department. " ADVANTAGESIFAPPROVED The St. Paul Police Depaiiment will conduct eis loyment backgaounds for futuxe putenrial St. Paul Police Department academy recruits. DISADVANTAGESIFAPPROVED fP9�E#af`:tlsePl�E� None. f►61ii � i LY Y DISADVANTAGES IF NOT APPROVED The St. Paul Police Department will not be reimbursed from the STate of Minnesota for backgound invesrigarions conducted for up to twelve Minnesota Police Corps Cadeu. �-. .;�w__ _; _,;,:,, ._. __ __ _: TOiAL AMOUNi OF TRANSACTION $ See a[taChed Copy Of agreem COST/REVENUE BUDGETED (CIRCLE ONE) YES NO 8; Y ., FUNDING SOURCE State of Minnesota ACTNITY NUMBER CiOdlt OOl-040O0 , FiNANCIAL INFORMATION (EXPLAIN) , �:. � CFMS Contract No. A?4435 ;��. f5t- 184� STATE OF NIIt�T�iESOTA , JOINT POWERS AGREEMENT This a�eement is between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Divicion ("State") and the Ciry of Saint Paul, Saint Police Department ("Govemmental UniY'). Recitals Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of professionaUtechnical services to perform background invesrigations of applicants applying for the Minnesota Police Corps Program. Agreement 1 Term of Agreement 11 Effecdve date: Mav 17. 2001, or the date the State obtains all required 'signatures undez Minnesota Statutes Secrion 16C.05, subdivision 2, whichever is later. 1.2 Expzration date: June 30, 2001, or unril all obligarions have been satisfactorily fulfilled, whichever occurs first. Agreement betrveen the Parties _._ ` 2.1 The Governmental Unit will assign background investigators to conduct b`ackground anvestigations for up to 12 State assigned Minnesota Police Coips Cadets.— 22 The Govemmental UniYs assigned investigators will attend an 8 hour background investigators briefmg conducted by the State where the investigators will be briefed on the State's Minnesota Police Corps prograin and standards for conducting Minnesota Police Corps cadets' background investigati,ons. This briefing will include format and standards of the program and will be held at the State's training facility located at 1900 West County Road I., Shoreview, Minnesota 55126 on May 17, 2001 beginning at 8:00 a.m. 2.2 The Governmental UniYs investigators will investigate the background of up to iwelve (12) State assi�ed Minnesota Police Corps Cadets according to Minnesota Police Coxps program standards. 23 The Governmental Unit's assigned investigators will submit background invesfigarions of each State assigned Minnesota Police Corps Cadet, including 5 copies of background investigation summary to the State's Minnesota Police Corps' Deputy Director Michael W Quinn, no later than June 29, 2001. 2.4 Within � days after each written investigarion is completed the Govemmental Unit investigators will tum over all copies, notes andfor written materials and documentarion relaring to these background investigations to the State's Minnesota Police Corps' Deputy Duector. 2.5 The Governmental UniYs assigned investigators will complete each Minnesota Police Corps background invesrigation accarding to the `Background Investigafion Procedure" attached and incorporated into this agreement. 3 Consideration and Payment 31 Consideration. The State will pay for ali services performed by the Governmental Unit under this agreement as follows: (1) Compensation. The Govemmental L3nit will be paid a flat rate of $900.00 for up to twelve (12) completed background investigations, not to exceed $10,800.00. (2)Travel Expenses. Ali travel expenses must have prior approval by the State's Authorized Representative of this agreement. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Governmental Unit as a result of this aareement will not exceed $500.00; provided that the Governmental Unit will be reimbursed for h�avel and subsistence expenses in the same manner and in no greater amount than provided in khe cunent "Cossunissioner's Plan" promulgated by the commissioner of Employee Relations. The Govemmental loint Powevs Agreemen[ (Rev. 12/00) es i._R 3� CFNIS ConuactNo. A2443� Unit will not be reimhursed for ttavel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (�(31 Totat Obligatzon. The total obligation of the State for all compensarion and reimbursements to the Govemmental Unit under this agreement will not exceed $11,300.00. 3.2. Payment (1) Invoices. The State will prompdy pay the Governmental Unit afrer the Govemmental L3nit presents an itemized invoice foz the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and accordmg to the following schedule: One itemized invoice will be filed in arrears and within 30 days of the period covered bv the invoice for work satisfactorilv Qerformed Final invoice must be received no later than Julv 30, 2001. (�(Z1 Retainage. Under Minnesota Statutes Secrion 16C.08, subdivision 5(b), no more than 90% of the amount due under this coniract may be paid until the fmal product of this contract has been reviewed by the State's agency head. The balance due will be paid when the State's agency head determines that the Govemmental _ Unit has satisfactorily fulfilled all the terms of this contract. :_ (3) Federal funds. (Where applicable, if blank this section does not apply) Payments under this contract will be made from federal funds obtained by the United States Devartment of Justice Office of Jusrice, Office of the Police Corps and Law Enforcement Education LNlinnesota Deoartment of Public Safetv Polic Com Proeram) ._ - CFDA number 16.712 of Act 42 U S C 14091 et. Seq. The Govemmental Unit is responsible for comphance with < all federal requirements imposed on these funds and accepts full financial responsibility for anyrequirements � imposed by the Govemmental UniYs failure to comply with federal requirements. 4 Authoriaed Representatives The State's Authorized Representative is 7ean Cemenskv Staff Sereeant 1900 West Countv Road "I" Shoreview, MN 55126 or hislher successor. The Governmental UniYs Authorized Representative is Bill Finney Chief Saint Paul Police Deoarnnent, 100 East i l`�' Street St Paul. MN 55101. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Govemmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in wriring and will not be effecrive until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 53 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision 5.4 or its right to enforce it. Contract Complete. This ageement contains all negoriations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whethez written or oral, may be used to bind either party. Liability The Govemmental Unit will mdemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of acrion, including attomey's fees incurred by the State, arising from the performance of this agreement by the Governmental Unit or the Govemmentai Unit's agents or employees only to the maximum limits of its municipal tort liability limits set forth in Minnesota Statute 466.01 et seq. and any indemnifications made by the Govemmental Unit under this Agreement are accordingly governed and limited This indemnification shall not be construed as a Jofnt Powers Agreement (Rev. l2/00) o i,a�o CFMS ContractNo_ A2443� waiver of the municipal tort liability lunits set forth in Minnesota Statute 466.01 et seq.. This clause �ti�ll not be construed to baz any legal remedies the Govemmental Unit may have for the State's failure to fulfill iu obligations under this agreement 7 State Audits � Under Minn. Stat. § 16C.05, subd. 5, the Govemmental UniYs books, records, documents, and accounring procedures and practices relevant 4o this agreement are subject to examination by the State and/or the State Auditor or Le�islative Auditor, as apprapriate, for a minimum of six years from the end of this ageement. 8 Government Aata Practices The Govemmental tlnit and State must comply with the Minnesota Covemment Data Practices Act, Minn. Stat Ch. 13, as it applies to all data provided by the State under this ab eemznt, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refened to in this clause by either the Govemmental Unit or the State. If the Govemmental Unit receives a request to release the data refened to in thas Clause, the Govemmental Unit must immediately notify the State. The State will give the Govemmental Unit instructions conceming the release of the data to the requesting pasty before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey Couhty, Minnesota. f 10 Termination 10.1 Termination. The State or the Govemmental Unit may terminate this agreement at any hme, with or without cause, upon 30 days' written notice to the other party. 10.2 Termi�aation for Insufficient Faindi�ig. The State mayammediately temunate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or faac norice to the Govemmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Govemmental Unit wiil be entitled to payment, determined on a pro rata basis for services sarisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Govemmental Unit notice of the lack of funding within a reasonable rime of the State's receiving that notice. A. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY /ndividual certifies that funds hnve been encumGered ns � required by Minn. Stnt §§ TGA�and 16C.05. By� _� Signed: Date: CFMS ontract No. A- Date: COMMISSIONER OF ADMINISTRATIOn Joint Powers Agreement (Rev. 12/00) fl�-9yo � By Tit Da By Tit Da By Ti Da By Ti D< ` - - �� Jomt Powers Agreement (Rev. 12/00) CFMS ContractNo. dele�ted to Ma[erials Managemen[ Division � O�i�if�lAL C Council File # 0�.. g a.p Green Sheet # 111816 RESOLUTION OF SAINT PAUL, NIINNESOTA Presented By: � Referred To: Committee:Date: 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the 2 attached agreement, which includes an indemnification clause, with The State of Minnesota. The St 3 Paul Police Department will conduct background invesfigations for up to twelve State assigned 4 Minnesota Police Corps Cadets A copy of this agreement is to be kept on file and on record in the 5 Office of �Ynancial 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 Certified by Council � by By: staieofm n backgroundi nvestigations Requested by �� Approve y ayor for ub iss'on to Council: �� $y� . .. DEPAf}TME;o?T/OFFICE/COUNCIL DATE INITWTED ro�� s;6roi GREEN SHEET No. 111816 °"" ON A.;T ERS N PH I� . . � INRIAWA7E INRIAVDATE yk. - WilliamFinney 292-3588 1 �r.m.rouscroa_ 4 couxca M:+ST BE ON COUNCIL AGENDA BY (DA'f� �� D�.C�� :t L � ATTORI�Y� �GIIIX 1. f�1 1�r�mm,�w.SERVICE5DH1_ �v.wm.w�SERV/ACC�G �TIXt(ORl595TRM)�� IIWNWGFRS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) cnoHaEnuesreo Signatures requested on the attached council resolution authorizing the St. Paut Police Deparhnent to enter into an ' agreement, which includes an indemnification clause, with the State of Minnesota. RECOMMENDATION ApptOVe (A) Of RejeG[ (R) PERSONAL SERVICE COMRACTS MUST ANSWER THE FOLLONANG QUESTIONS: 7. Has ihis persoNfirtn ever worketl under a contred for this tlepartment? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3. Daesthis persoNfirtn possess a sNill not nom�alry possessed by a�y cunerrt city employee? , YES NO 4. Is this pereoNfrtn a targeted vendoR YES NO Explain all yes answers on separate sheet and attach to green sheet . INITIATING PROB�EM ISSUE, OPPORTUNIN �/VHO. WHAT, WHEN, WHERE, WHY) - The St. Paul Police Department will conduct background investigarions for up to twelve Sbte assigned Minnsota Police Corps Cadeu. The State of Minnesota will reimburse the city for eacpenses related to the backgound invesrigations ' conducted by the St. Paul Police Department. " ADVANTAGESIFAPPROVED The St. Paul Police Depaiiment will conduct eis loyment backgaounds for futuxe putenrial St. Paul Police Department academy recruits. DISADVANTAGESIFAPPROVED fP9�E#af`:tlsePl�E� None. f►61ii � i LY Y DISADVANTAGES IF NOT APPROVED The St. Paul Police Department will not be reimbursed from the STate of Minnesota for backgound invesrigarions conducted for up to twelve Minnesota Police Corps Cadeu. �-. .;�w__ _; _,;,:,, ._. __ __ _: TOiAL AMOUNi OF TRANSACTION $ See a[taChed Copy Of agreem COST/REVENUE BUDGETED (CIRCLE ONE) YES NO 8; Y ., FUNDING SOURCE State of Minnesota ACTNITY NUMBER CiOdlt OOl-040O0 , FiNANCIAL INFORMATION (EXPLAIN) , �:. � CFMS Contract No. A?4435 ;��. f5t- 184� STATE OF NIIt�T�iESOTA , JOINT POWERS AGREEMENT This a�eement is between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Divicion ("State") and the Ciry of Saint Paul, Saint Police Department ("Govemmental UniY'). Recitals Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of professionaUtechnical services to perform background invesrigations of applicants applying for the Minnesota Police Corps Program. Agreement 1 Term of Agreement 11 Effecdve date: Mav 17. 2001, or the date the State obtains all required 'signatures undez Minnesota Statutes Secrion 16C.05, subdivision 2, whichever is later. 1.2 Expzration date: June 30, 2001, or unril all obligarions have been satisfactorily fulfilled, whichever occurs first. Agreement betrveen the Parties _._ ` 2.1 The Governmental Unit will assign background investigators to conduct b`ackground anvestigations for up to 12 State assigned Minnesota Police Coips Cadets.— 22 The Govemmental UniYs assigned investigators will attend an 8 hour background investigators briefmg conducted by the State where the investigators will be briefed on the State's Minnesota Police Corps prograin and standards for conducting Minnesota Police Corps cadets' background investigati,ons. This briefing will include format and standards of the program and will be held at the State's training facility located at 1900 West County Road I., Shoreview, Minnesota 55126 on May 17, 2001 beginning at 8:00 a.m. 2.2 The Governmental UniYs investigators will investigate the background of up to iwelve (12) State assi�ed Minnesota Police Corps Cadets according to Minnesota Police Coxps program standards. 23 The Governmental Unit's assigned investigators will submit background invesfigarions of each State assigned Minnesota Police Corps Cadet, including 5 copies of background investigation summary to the State's Minnesota Police Corps' Deputy Director Michael W Quinn, no later than June 29, 2001. 2.4 Within � days after each written investigarion is completed the Govemmental Unit investigators will tum over all copies, notes andfor written materials and documentarion relaring to these background investigations to the State's Minnesota Police Corps' Deputy Duector. 2.5 The Governmental UniYs assigned investigators will complete each Minnesota Police Corps background invesrigation accarding to the `Background Investigafion Procedure" attached and incorporated into this agreement. 3 Consideration and Payment 31 Consideration. The State will pay for ali services performed by the Governmental Unit under this agreement as follows: (1) Compensation. The Govemmental L3nit will be paid a flat rate of $900.00 for up to twelve (12) completed background investigations, not to exceed $10,800.00. (2)Travel Expenses. Ali travel expenses must have prior approval by the State's Authorized Representative of this agreement. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Governmental Unit as a result of this aareement will not exceed $500.00; provided that the Governmental Unit will be reimbursed for h�avel and subsistence expenses in the same manner and in no greater amount than provided in khe cunent "Cossunissioner's Plan" promulgated by the commissioner of Employee Relations. The Govemmental loint Powevs Agreemen[ (Rev. 12/00) es i._R 3� CFNIS ConuactNo. A2443� Unit will not be reimhursed for ttavel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (�(31 Totat Obligatzon. The total obligation of the State for all compensarion and reimbursements to the Govemmental Unit under this agreement will not exceed $11,300.00. 3.2. Payment (1) Invoices. The State will prompdy pay the Governmental Unit afrer the Govemmental L3nit presents an itemized invoice foz the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and accordmg to the following schedule: One itemized invoice will be filed in arrears and within 30 days of the period covered bv the invoice for work satisfactorilv Qerformed Final invoice must be received no later than Julv 30, 2001. (�(Z1 Retainage. Under Minnesota Statutes Secrion 16C.08, subdivision 5(b), no more than 90% of the amount due under this coniract may be paid until the fmal product of this contract has been reviewed by the State's agency head. The balance due will be paid when the State's agency head determines that the Govemmental _ Unit has satisfactorily fulfilled all the terms of this contract. :_ (3) Federal funds. (Where applicable, if blank this section does not apply) Payments under this contract will be made from federal funds obtained by the United States Devartment of Justice Office of Jusrice, Office of the Police Corps and Law Enforcement Education LNlinnesota Deoartment of Public Safetv Polic Com Proeram) ._ - CFDA number 16.712 of Act 42 U S C 14091 et. Seq. The Govemmental Unit is responsible for comphance with < all federal requirements imposed on these funds and accepts full financial responsibility for anyrequirements � imposed by the Govemmental UniYs failure to comply with federal requirements. 4 Authoriaed Representatives The State's Authorized Representative is 7ean Cemenskv Staff Sereeant 1900 West Countv Road "I" Shoreview, MN 55126 or hislher successor. The Governmental UniYs Authorized Representative is Bill Finney Chief Saint Paul Police Deoarnnent, 100 East i l`�' Street St Paul. MN 55101. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Govemmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in wriring and will not be effecrive until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 53 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision 5.4 or its right to enforce it. Contract Complete. This ageement contains all negoriations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whethez written or oral, may be used to bind either party. Liability The Govemmental Unit will mdemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of acrion, including attomey's fees incurred by the State, arising from the performance of this agreement by the Governmental Unit or the Govemmentai Unit's agents or employees only to the maximum limits of its municipal tort liability limits set forth in Minnesota Statute 466.01 et seq. and any indemnifications made by the Govemmental Unit under this Agreement are accordingly governed and limited This indemnification shall not be construed as a Jofnt Powers Agreement (Rev. l2/00) o i,a�o CFMS ContractNo_ A2443� waiver of the municipal tort liability lunits set forth in Minnesota Statute 466.01 et seq.. This clause �ti�ll not be construed to baz any legal remedies the Govemmental Unit may have for the State's failure to fulfill iu obligations under this agreement 7 State Audits � Under Minn. Stat. § 16C.05, subd. 5, the Govemmental UniYs books, records, documents, and accounring procedures and practices relevant 4o this agreement are subject to examination by the State and/or the State Auditor or Le�islative Auditor, as apprapriate, for a minimum of six years from the end of this ageement. 8 Government Aata Practices The Govemmental tlnit and State must comply with the Minnesota Covemment Data Practices Act, Minn. Stat Ch. 13, as it applies to all data provided by the State under this ab eemznt, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refened to in this clause by either the Govemmental Unit or the State. If the Govemmental Unit receives a request to release the data refened to in thas Clause, the Govemmental Unit must immediately notify the State. The State will give the Govemmental Unit instructions conceming the release of the data to the requesting pasty before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey Couhty, Minnesota. f 10 Termination 10.1 Termination. The State or the Govemmental Unit may terminate this agreement at any hme, with or without cause, upon 30 days' written notice to the other party. 10.2 Termi�aation for Insufficient Faindi�ig. The State mayammediately temunate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or faac norice to the Govemmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Govemmental Unit wiil be entitled to payment, determined on a pro rata basis for services sarisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Govemmental Unit notice of the lack of funding within a reasonable rime of the State's receiving that notice. A. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY /ndividual certifies that funds hnve been encumGered ns � required by Minn. Stnt §§ TGA�and 16C.05. By� _� Signed: Date: CFMS ontract No. A- Date: COMMISSIONER OF ADMINISTRATIOn Joint Powers Agreement (Rev. 12/00) fl�-9yo � By Tit Da By Tit Da By Ti Da By Ti D< ` - - �� Jomt Powers Agreement (Rev. 12/00) CFMS ContractNo. dele�ted to Ma[erials Managemen[ Division