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02-685Council File # oa . �as Green Sheet# 203443 Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 1A 25 Committee:Date: WHEREAS, the Saint Paul Police Department entered into an agreement with Amherst H. Wilder Foundation for police services needed at the Snmmit University Weed and Seed site; and WHEREAS, Amherst H. Wilder Foundation will reimburse up to $74,000 for Police Department operations associated with the Asset Forfeiture program and overtime to increase police presence and improve the community quality of life at the 5ummit University Weed and Seed site; and WHEREAS, a 2002 financing and spending plan needs to be established to access funds for the services provided at the Summit University Weed and Seed site; and WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Sa3nt Paul, does certify that there are available for appropriation funds of $74,000 in excess of those estimated in the 2002 budget; and WHEREAS, The Mayor recommends that the following addifion be made to the 2002 budget: CURRENT AM�NDED BUDGET CHANGES BUDGET 436 - Special Projects-Police FINANCING PLAN: 34142 - Weed and Seed-Summit University 4398 - Services-Special Projects - 74,0�� 74,0�0 26 Total Changes to Financing 74,000 27 28 SPENDING PLAN: 29 34142 - Weed and Seed-Summit University 30 0141 - Overtime - 40,150 40,150 31 0248 - Investigations - 28,500 28,500 32 0439 - Fringe Benefits - 5,350 5,350 33 34 Total Changes to Spending �'/T,lf�b 35 36 THEREFORE BE IT RESOLVEA, that the CiTy Council approves these changes to the 2002 budget. 37 Requested by Department of: Police RESOLUTION OF SAINT PAUL, MINNESOTA BY�s Appr� B Form B Appr� B ' � l'- 6�- nd in ncial Services: City Attor r for Si1 ss o Coy . AdoptedbyCouncil:Date: �`ay a�p7� DEPAR'GM�' DAT�lNITIATED 1'olice ��tz�o2 GREEN SHEET No. 203443 ONTACTPER N&PHONE iNnwuo INRIAVDATE WilliamFinney 292-3588 �" " 1 EPARfMENTDIRE4TOR ` 5�couNU� MUST BE ON GOUNCIL AGENDA BY (DATE) � .a �cRYATTORNEY� �CLERK O �� ��S 1 1.. � � 1"N0.NCNLSEfMCESDIR� � v Ir�NRNCIALSERVIACCTG �TORIORASS15TAlRl_ �RIGXTS TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolution establishing a 2002 financing and spending plan for Saint Paul Police Department services provided to Amherst H. Wilder Founda5on for the Sumuut University Weed and Seed site. RECOMMENDATION AppfOVe (A) of R2jeGt (R) PERSONAL SERVICE CONTRAGTS MUSTANSWERTHE FOLIOWING �UESTIONS: t. Has this person.ffirtn ev2rworked under a cont2ct for ihis departmenY? PLANNING COMMISSION vES NO CB COMMfTTEE 2. Has this persoNfirtn ever been a city employes? CIVIL SERVICE COMMISSION YES NO 3. Does this pereoNfi�m possess a skill not nortnally possessed by any currerR city employee? YES NO 4. Is this person/firtn a targeted vendoR YES NO Exp4am all yes answers on separnte sheet and aNach to green sheet INITIATIN6 PROBLEM ISSUE, OPPORTUNI7Y (WHO, WHAT, WHEN, WHERE, WHI� The Saint Paul Police Department entered into an agreement with Axnherst H. Wilder Foundarion for police services provided at the Smnmit University Weed and Seed site. Amherst H. Wilder will reimburse up to $74,000 for police operarions associated with the Asset Forfeiture program, coordination of Police Department issues, and related overtime services at the Snmmit University Weed and Seed site. (Attached is a copy of the agreement.) ADVANTAGESIFAPPROVED Appropriate 2002 £mancing and spending plan for the police services provided at the Snumut University Weed and Seed site. � F�3g��CCFI C261t2f DISADVANTAGESIFAPPROVED �„� �� �90 NOIIe. � � DISADVANTAGES IF NOT APPROVED ' ,r,w,wv,;ap� �..,..�.._... - . _' Inability to work with Amherst H. Wilder Foundarion to increase police presence, strengthen police/communiry relations, and improve the quality of life at the Snminit University Weed and Seed site. TOTAL AMOUNT OF TRANSACTION E up ta $74,000 COSTIREVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE Anilierst H. Wilder Foundarion ACTIVITY NUMBER 436-34142 FINANCIA� INFORMATION (EXPLAIN) 34142Su}mnitU Weed&Seedbudget.gs.2002 „ oz- cgs Agreement � ° Between the Amherst H. Wilder Foundation and the City of Saint Paul THIS AGREEMENT, made and entered into this day of , 2002, by and between Amherst H. Wilder Foundation, hereinafter referred to as "F�'ilder” and the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as, hereinafter refened to as "Provider". The Wilder and Provider, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTIOl� 1: Scope of Services. A. Provider agrees to provide as described in its proposal, the specific tasks, deliverabies, time lines, etc. that make up these services are detailed in Attachment A. Provider agrees to provide project coordination of Police Department issues, and any related services, above and beyond the regular scope of duty, to the Summit-University 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 proo am known as "Asset Forfeiture' ; attendance at Summit-University Weed and Seed Steering Committee meeting whenever possible; sufficient staff and/or overtime hours to toward strengthened police/community re7ations, of life, as pemlitted by funds allowed. increase POLICE presence, good faith efforts and ��ork toward improved community quality The Provider shall consult with and report to the Weed and Seed Coordinator and/or members of the Steering Committee as needed to ensure forward proeress of the Weed and Seed strategy. SECTION 2: Time I+or Completion. A. The services rendered by Provider shall be covered from April l 2002 and will be completed in accordance with the schedule mutually agreed upon with the Wilder, which is detailed in Attachment A, but no later than December 31, 2002. Services will be rendered by Provider throughout the tezm of the agreement. Provider agrees to consult with Wilder and the Summit-University Steering Committee if more than 30% of the funding available is to be spent in any calendar quarter. B. In the event there are delays caused by actions of the Wilder or which can change the coinpletion date, the Provider may request an extension of time for completion of the project. The Wilder will review the request and may grant to the Provider such extensions of contract time as may be reasonable. SECTION 3: Billings and Payment. A. That for Provider's faithfiil performance of this Agreement the Wilder hereby agrees to reimburse the Provider up to $74,000 for services described in Attachment A. oa.��s B. The above amounts shall fully compensate the Provider for all costs. No claim for services and/or costs providea oy the Provider, not specifically provided for or in excess of tlie budgeted amounts in this Aa eement will be honored by the Wilder. C. Provider shall submit an itemized invoice monthly with an accompanying program report. Upon receipt of the invoice and verification of the charges, payment shall be made by the Wilder to Provider within thirty (30) days. SECTION 4: LiaisonlProject NIanagement. A. Wilder desib ated Summit-University Weed and Seed Site Coordinator as its Liaison for this Agreement, and the individual to whom all communications pertaining to the Ageement shall be addressed. The Liaison shall have the authority to transmit inshuctions, receive information, authorize amendments or changes to the Agreement, and interpret and define the Wilder's policies and decisions pertinent to the work covered by this Agreement. B. The Provider has designated Senior Commander Westem District John Harrington as the Project Manager for this Ab eement, 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 A�eement, and interpret and define the Provider's policies and decisions pertinent to the work covered by this Agreement. The Pro}ect Manager will advise Summit-University Weed and Seed and Wilder conceming the contract progress through the submission of monthly reports as required by the Authorized Agent and the Executive Uffice of Weed and Seed. The Project Manager will update the Site Coordinator monthly on the progress of the project. The Project Manager or the Police designee will be responsib]e for formulating prob ess 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. SEC'TION 5: Wilder Responsibilities. A. The Wilder agrees to provide Provider with access to any information from Wilder documents, staff, and other sources needed by Provider to complete the work described herein. SECTION 6: Work Products, Records, and Dissemination of Information. A. For purposes of this Agreement, the following words and phrases shail have the meanings set forth in this section, except where the context cleady indicates that a different meaning is intended. °Work product" shall mean, any report, recommendation, paper, preseniation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Provider's services under this Ageement. "Supporting docc�mentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether written electronic, or in other form, and other evidences used to generate any and all work performed and work products generated under this A� eement. oa. t�s "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in uthe. .�.,a, oc,-i,,.��u,g to Consultant (Provider) and pertaining to work performed under this Agreement. B. Wilder and Provider agree to maintain all business records in such a manner as will readily conform to the terms of this Ageement and to make such records available at its office af all reasonable times during the Agreement period and for six (6) years 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. Wilder and Provider agree to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Govemment Data Practice Act) as well as any other applicable 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 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 oz 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 are 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 fheir forms of compensation; and, selection for training, including apprenticeship. SEC'TION 8: Compliance With Applicable Law. A. Wilder and Provider a� ee to comply with all federal, state, and local laws or ordinances, and all applicablc rutes, regulations, and standards established by any agency of such govemmental units, which are now or hereafter promulgated insofar as they relate to the Provider's performance of the provisions of this Aa eement. It shall be the obligation of the Provider to apply for, pay for, and obtain all permits and/or licenses required. SECTIOlV 9: Tndependent Contractor. A. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of the Provider to the Wilder is that of independent contractor and not that oF empioyee. No statement contained in this Agreement shall be construed so as to find Provider an employee of the Wilder. SECTION 10. Subcontracting. A. The Provider ab ees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the Wilder. SECTION 11. Hold Aarmless. cu• 1.�5 A. Each party agrees that it will be responsible for its own acts and/or omissions and those ot ,ts empiuyees, representatives and agents in carrying out the terms of trns tsb een�eiit and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other par[y and the results thereof. The liability of the Provider, City of Saint Paul, its employees, officials and agents sha11 be governed by provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. And other applicable law SECTIOIV 12. Assignment. A. The Wilder and Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all eovenant of this Agreement; and neither the Wilder nor the Provider will assib or transfer their interest in this Agreement without the written consent of the other. 5ECTTON 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 terminate it by giving no less than thirty (30) days wriften notice of the intent to terminate to the other party. B. In the event of termination, the Wilder will pay Provider for ail service actuaily, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. SECTION 14: Amendment or Changes to Agreement. A. Wilder 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. SECTION I5. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Ab eement shall be delivered in person or deposited in United States Certified Mail, Return Receipt 12equested. Any notices or other communications shall be addressed as follows: To Council: SECTION 16. Waiver. To Provider: 100 E, l lth Street St. Paul, MN 55101 Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, tl�is Agreement, or any of this Agreement's provisions. SECTION 17. Interpretation of Agreement, Venue. O�-`8S A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related Lo tnis Agreernent shall be venued in the District Court of the County of Ramsey, Second Judicial District, and State of Minnesota. SECTION 18. Force Majeure. ATeither the Council nor the Provider shall be held responsible for 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 current fluctuations, nuclear 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 hezeto are authorized signatories and have executed this Agreement, the day and year'first above written. , � /�J�c� Sg�u�-���� For [he�Provider: For Wilder : Chief of Police Date: Approved as to form: Assistant City Attomey Director, Offic�.Sf Financial Services Its I� Date: or Designee o�.L�s ATTACHMENT A This year the SPPD's Western district is committed to �vorking with the Summit University Weed and Seed initiative. SPPD has already committed additionai resources in the form of four beat officers to the Selby beat. With this additional staffing we now have seven day covera�e on afternoons and a day shift. The police in kind contribution is in excess of $200,000.00. During 2002 we plan to complete the foilowing tasks: Community problem scan March 2002. Good Game March -December 2002 Stand for Children Curfew Sweeps and directed Patrol REDD Rocket Weed and Seed supplemental patrols Truancy and Curfew sweeps patrol Weed and Seed supplemental patrols June 2002 June 2002 June-August 2002 June-August 2002 Sept.- October 2002 $45,500 has been requested for Overtime. $27,500 for SgUIn�estigators and $18,000 for patrol officers. These funds will allow us to proceed with Operation REDD Rocket ( Rid the Environment of Dangerous Drug Dealers).`REDD Rocket will be a longer term investigation directed at eliminating street level nazcotics activity committed by gan�s and others. We hope to reduce the supply and demand for drugs while also impacting both the gangs that supply them and the gun play that is associated with the street drug trade. The funds will also support 12 Weed and Seed directed patrol details. These details would include curfew sweeps ,truancy sweeps ,foot and bike patrol. Funds will also be used to support the continuation of tlie PAL program Good Game. $9,500 has been requested to purchase supplies and surveillance equipment including audio- visual monitoring and recording devices. These tools will be used in our drug elimination program and afterward to ensure continued reductions in the quality of life violations. Funds from this category will also be used to purchase supplies including bike equipment, parts and athletic equipment for the patrol and the Police Athletic League program. $8,000 is being requested to allow the rental and leasing of vehicles and facility space. The vehicles will be needed for Operation REDD Rocket . We also may need to rent space to allow for surveillance. Funds from this category will also be used to rent facilities and busses for the Police Athletic League(PAL )program. $7,500 is being requested for buy funds needed to support REDD Rocket. $3,000 is being requested for Cell phone service. We will use the phones during REDD Rocket and then the phones will be �iven to the Summit University Beat officers to ent�ance the contact � with the community. $500 for repairs of bike equipment which almost al] the officer assigned to the Summit University beat use. Summit University Weed and Seed 2002 BUDGET Proposal: Rental(cars, surveillance locations, PAL) Supplies( surveillance equipment, PAL, Bike parts) Buy Funds Overtime(550 hours @$50.00 SgU1nv) Overtime(400 hours @$45.00 patrol and PAL) Cell phone service Bicycle maintenance $ 8,000.00 $ 9,500.00 $ 7,500.00 $27,500.00 $18,000.00 $ 3,000.00 � 500.00 $74,000.00 Oa-t•�S