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02-492OR{GINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By: Refened To: Committee:Date: 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2U 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Saint Paul Police Department has entered into an agreement with District 6 Planning Council (District � for police services at the East Consolidated Weed and Seed site (Agreement # 02-12060-C�; and WHEREAS, District 6 will reimburse up to $50,000 for coordination of Police Department issues and any related overtime services provided at the East Consolidated Weed and Seed site; and WHEREAS, a 2002 financing and spending plan needs to be established for the services provided to District 6; and WHEREAS, The Mayor pnrsnant to Secfion 10.07.1 of the Charter of the City of Saint Panl, does certify that there are available far appropriation funds of $50,000 in eacess of those estimated in the 2002 budget; and WHEREAS, The Mayor recommends that the following addifion be made to the 2002 budget: CiJRRENT BUDGET 436 - Special Projects-Police FINANCING PLAN: 34141 - Weed and Seed-Econ 4398 - Services-Special Projects Total Changes to Financing SPENDING PLAN: 34141- Weed and Seed-Econ 0141- Overtime 0439 - Fringe Benefits 44,100 5,900 32 Total Changes to Spending �� 33 34 35 36 THEREFORE BE TT RESOLVED, that the City Council approves these changes to the 2002 budget. Yeas Adopted by ( Adopfion Ce� B y: _� Approved by B Requested by Department of: �� � �� o �i ate: o Counc' ecretary: � 50,000 44,100 5,900 Police By: � C3 Appr�co ended y inancial Services: B y : ---=� Form �oved by City Attorney: May�r for CFIANGES Council File # p1 ..4� �" Green Sheet# 203432 50,000 �� AlYIE1VDED BUDGET DEPAR MENT/OFFICE/COUNCIL DA7E INITIATED Police s�s/oz GREEN EE No. 203432 (i✓ NTACTPER N PH NE INRWJD INRWL/DATE WilliamFinney 2923588 1 nsvnmM�oiaECro 5 cmwunrn MUST BE ON COUNCIL AGENDA BY (DATE) O���\ Ct'� ^ .� � � w T'ATTORNEY �CLFRK u � c �ruYiwCIP15ERNCE5UIR �FlNRNLVJ.SERV/ACClG 1�.� �TOR�ORASSIS�Nf�)_ ❑MUMMIRIGHIS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CT10N REQUESTED Approval of the attached councii resolution establishing a 2002 financing and spending plan for Saint Paul Police Department services provided to Distdct 6 Planning Council (Distdct 6). RECOMMENDATIOPl AppiOVe (A) or Rejett (R) PERSONAL SERNCE CONTRACTS MUSi ANSWERTXE FOLLOWING �UE5ilONS: 1. Has this personffirm everworked u�der a contac[ forthis department? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? CIVIL SERVICE COMMISSION vES NO 3 Dces tMS pe�soNBrm possess a skill �wf (wrmatty possessetl by any cucrecR city emplapee? YES NO 4. Is ihis pereon/firm a targeted vendo(7 YES NO Explain all yes answers on separate sheet and attach to green sheet 1td1T1ATING PROBLEM ISSUE, OPPORTUIJITY �WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Departrnent has entered into an agreement with Disirict 6 for police services provided at the East Consolidated Weed and Seed site. Distdct 6 will reunburse up to $50,000 for coordination of Police Departrnent issues and celated overtixiie services at the East Consolidated Weed and Seed site. (Attached is a copy of Agreement 02-12060-C.) ���� �A � ADVANTAGESIFAPPROVED g, g � i c'. i tSZ B lr�, � _ Appropriate 2002 financing and spending plan for the palice services provided to Dishict 6. (v��� ��'�.��?��'";�° DISADVANTAGESIFAPPROVED None. � r"C�'i �9P1f8P DISADVANTAGES IF NO7 APPROVED Inability to work with Dishict 6 to increase police presence, strengthen police/coimnunity ��'� ���u� relations, and improve the quality of life at the East Consolidated Weed and Seed site. TOTALAMOUN70FTRANSACTION$ $0,000.00 COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDING SOURCE Dishict 6 Plaiuung Council ACTNITY NUMBER 34141 FINANCIAL INFORMATION (EXPLAIN) 34141 District6EconW eed&Seedbudgetgs2002 � UL'l�"��%�/ � ��- �� ,,,,�. Agreemenf Beriveen the District 6 Planning Councii and the City of Saint Paul THIS AGREEMENT, made and entered into this _ day of , 2002, by and between District 6 Planning Council, hereinafter refened to as "Council" and the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as, hereinafter referred to as "Provider". The Council and Provider, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: Scope of Services. A. Provider agrees to provide as described in its proposal, the specific tasks, deliverables, time lines, etc. that make up these services are detailed in Attachment A. Provider agree to provide project coordination of Police Department issues, and any related services, above and beyond the regular scope of duty, to the East Consolidated Weed and Seed site, as recognized and defined in the grant awarded by the State of Minnesota. Such services shall include, but are not limited to; police operations associated with the program known as "Asset Forfeiture"; attendance at East Consolidated Weed and Seed Steering Committee meeting whenever possible; sufficient staff and/or overtime hours to increase POLICE presence, good faith efforts toward strengthened police{community relations, and work toward improved community quality of life, as permitted by funds allowed. The Provider shall consult with and report to the Weed and Seed Coordinator and/or members of the Steering Committee as needed to ensure fonvard progress of the Weed and Seed sh�ategy. SECTION 2: Time For Completion. A. The services rendered by Provider shall be commenced upon execution of the Agreement and notification by the Council to proceed and will be completed in accordance with the schedule mutually agreed upon with the Council, which is detailed in Attachment A, but no later than December 31, 2002. Services will be rendered by Provider throughout the term of the agreement. Provider agrees to consult with DISTRICT 6 and the EAST CONSOLIDATE STEERING COMMITTEE if more than 30% of the fiindin� available is to be spent in any calendar quarter. B. In the event there are delays caused by actions of the Council or which may be reasonably requested by the Provider which can change the completion date, Provider shall request an extension of time for completion of the project. The Council will review the request and may grant to the Provider such extensions of contract time as may be reasonable. O � —`�°la— �,�,o, SECTION 3: Billings and Payment. A. That for Provider's faithful performance of this Agreement, the Council hereby agrees to reimburse the Provider up to $5Q000 for services described in Attachment A. B. The above amounts sha11 fulty compensate the Provider for all costs. No claim for services and/or costs provided by the Provider, not specifically provided for in this Agreement will be honored by the Council. C. Provider shall submit an itemized invoice quarterly. Upon receipt of the invoice and verification of the charges, payment shall be made by the Councii to Provider within thirty (30) days. SECTION 4: Liaison/Project Management. A. The Council designated Kerry Antrim as the its Liaison for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Liaison shall have the authority to transmit instructions, receive information, authorize amendments or changes to the Agreement, and interpret and define the Council's policies and decisions pertinent to the work covered by this Agreement. B. The Provider has designated Sr. Commander Vomastek or his designee as the Project Manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The Project Manager shall have the authority to transmit instructions, receive information, authorize amendments or changes to the Agreement, and interpret and define the Provider's policies and decisions pertinent to the work covered by this Agreement. The Project Manager will advise DISTRICT 6 concerning the contract progress through the submission of reports as required by the Authorized Agent and the Executive Office of Weed and Seed. The Project Manager will update the Site Coordinator monthly on the progress of the project. The Project Manager ar the POLICE designee will be responsible for formulatin� progress reports, gathering statistics for evaluations, and/or other information necessary to assess accomplishment of the scope of the project strategy as it pertains to the work of the Provider, and/or as a condition of the grant award. SECTION 5: Council Responsibilities. A. The Council agrees to provide Provider with access to any infoimation from Council documents, staff, and other sources needed by Provider to complete the work described herein. SECTION 6: Work Products, Records, Dissemination of Information. A. For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. °Workproduct" shall mean, any report, recommendation, paper, presentation, drawing, oa. -`� ,,,,o. demonstrarion, or other materials, whether in written, electronic, or other format that results from Provider's services under this Agreement. "Supporting documentation " shall mean any surveys, questionnaires, notes, research, papers, analyses, whether written electronic, orin other form, and other evidences used to generate any and all work performed and work products generated under thas Agreement. "Business records" sha11 mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other form, belonging to Consultant (Provider) and pertaining to work performed under this Agreement. B. Council and Provider agrees to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such records available at its office at all reasonable times during the Agreement period and for six (6) yeazs from the date of the final payment under the contract for inspection or audit by the City, the State Auditor, or other duly authorized representative. C. Council and Provider agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Government Data Practice Act) as well as any other applicable federal, state, and local laws or ardinances, and all applicable rules, regulations, and standards established by any agency of such governmental units which are now or hereafter promulgated insofar as they related to the Provider's performance of the provisions of this Agreement. SECTION 7: Equal Opportunity Employment. A. The Provider will not discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants aze employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and, selection for training, including apprenticeship. SECTION 8: Compliance With Applicable Law. A. Council and Provider agrees to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such govemmental units, which are now or hereafrer promulgated insofar as they relate to the Provider's performance of the provisions of this Agreement. It shall be the obligation of the Provider to apply for, pay for, and obtain all permits and/or licenses required. O� —�q 2— r,�ro� SECTION 9: Independent Contractor. A. It is a�reed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of the Provider to the Council is that of independent contractor and not that of employee. No statement contained in this A�reement shall be construed so as to find Provider an employee of the Council. SECTION 10. Subcontracting. A. The Provider agrees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the Council. SECTION ll. Hold Harmless. A. Each party agrees that it will be responsible for its own acts andfor omissions and those of its employees, representatives and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and(or omissions of the other party and the results thereof. The liability of the Provider, City of Saint Paul, its employees, officials and agents shall be governed by provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. And other applicable law SECTTON 12. Assignment. A. The Council and Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenant of this Agreement; and neither the Council nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. SECTION 13. Termination. A. This Agreement will continue in full force and effect until completion of the project as described herein unless it is terminated at an earlier date by either party. Either party to this Agreement may terminated it by giving no less than thirty (30) days written notice of the intent to terminate to the other party. B. In the event of termination, the Council will pay Provider for all service actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter tmtil the date of termination. SECTION 14: Amendment or Changes to Agreement. A. Council or Provider may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the Council and the Provider. 0 01-`lq ,,,,a. SECTION 15. 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, Retum Receipt Requested. Any notices or other communications shall be addressed as follows: To Cauncil: To Provider: Amy Brown Reseazch and Grants Manager Saint Paul Police 100 E. 11"' Street St. Paul, MN 55101 SECTION 16. Waiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this AgreemenYs provisions. SECTION 17. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Rannsey, Second Judicial District, State of Minnesota. SECTION 18. Force Majeure. Neither the Council nor the Provider shall be held responsible far performance if its performance is prevented by acts or events beyond the party's reasonable control including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures electrical power surges or cunent fluctuations, nucleaz or other civil military emergences, or acts of legislative, judicial, executive, or administrative authorities. SECTION 19. Entire Agreement. A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. SECTION 20. Supplanting. Provider agrees that funds made available under this contract will not be used to supplant local funds but will be used to increase the amount of such funds that would, in the absence of federal funds, be made available for law/code enforcement activities. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. Oa--`l`1� riiro� For the Provider: Approved as to form: , Office of Financiai Services rJ ;'fT Mayor or Desi�nee For the Council: B � �I�'� zts �• � J p �e - r Date: ��`-�16v � Date: o� -y�� A[tactment A St Paul Police Econ Weed & Seed Uniform Operations Proposal January 1, 2002 to December 31, 2002. The East Consolidated Weed and Seed's strategy focuses on improving the quality of li£e within the Econ site, to rid the neighborhood of drug and gang activity and improve police/resident relationships. Uniform Operations Uniforms will conduct zero tolerance patrols in the East Consolidated neighbor hood in an attempt to curtail illegal activities. Identification and arrests of those committing criminal act, working with youth and targeting gang and drug activity, the visibility of patrol cars, walking and bike patrols in the neighborhood, the attendance of officers at community events and meeting, will benefit the ECON neighbor, improve the quality of life and allow the residents to feel safe and secure in their community. Uniforms will work closely with the F.O.R.C.E. in dealing with dnig operations. The police Department will also collaborate with Code Enforcement in dealing with problem properties. Strate�ry for the detail Officers will conduct zero tolerance uniformed patrols in the ECON area in an attempt to immediately impact ongoing criminal activities. Action taken during this operation will certainly impact the community in a positive manner and will foster better relationship between the officers and the citizens they serve. To this end the following tactics will be employed: 1. Identify 2.Intervention 3. Interdiction 4. Incarceration Those individuals who are creating unlawful nuisances and committing criminal acts. Identify problem properties and notify appropriate personnel for enforcement and follow-up assignments. Intervene and disrupt unlawful nuisance behavior; traffic offenses; noise; liquor; gambling; disorderly gathering and problem properties. Zero tolerance enforcement of all nuisance and traffic violations. Interdict criminal activity to include nuisance, vice and drug activity. Incarceration of offenders will be immediate unless follow-up action is ss to im rove prosecution. Juven3le offenders will receive nece ary p immediate attention through arrest, citation, or referral. o z �y.°1� Personnel Requirements One supervisor to supervise various patrol duties during a particular detail. Two officer patrols would be assigned on a overtime basis with varying shifts for greater impact. Shifts would include 0900-1300, 1200-1600, and 1800-2200 hours. These patrols would also include foot patrols ( Payne Avenue Beat) and also bicycle patrols when trained personnel were available. These patrols aze anticipated to start.approximately May to end of October 2002. Operational Costs The St. Paul Police Department would provide vehicles and other equipment associated with the operation. Personnel (overtime for law enforcement personnel) The operational cost would provide approximately 1250 hours of patrol. patrol, bicycle patrol and used of FORCE personnel when required. $50.000.00 This would include foot