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02-686Council File # Q . ` Green Sheet # 2034 4 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By: Referred To: Committee:Date: 1 2 WHEREAS, the Saint Paul Police Department entered into an agreement with Amherst H. Wilder Foundafion 3 for police services needed at the Thomas/Dale-Frogtown Weed and Seed site; and 4 5 WFIEREAS, Amherst H. Wilder Foundadon will reimburse up to $77,000 for Police Department operations 6 associated with the Asset Forfeiture program and overtime to increase police presence and improve the 7 community quality of life at the Thomas/Dale-Frogtown Weed and Seed site; and 8 9 WFIEREAS, a 2002 financing and spending plan needs to be established to access funds for the services 10 provided at the Thomas/Dale-Frogtown Weed and Seed site; and 11 12 WHEREAS, The Mayor pursuant to Section 10.071 of the Charter of the City of Saint Paul, does certify that 13 there are available for appropriation funds of $77,000 in excess of those estimated in the 2002 budget; and 14 15 WHEREAS, The Mayor recommends that the following addition be made to the 2002 budget: 16 17 18 CURRENT AMENDED 19 BUDGET CHANGES BUDGET 20 21 436 - Special Projects-Police 22 FINANCING PLAN: 23 34070 - Weed and Seed-Thomas/Dale 24 4398 - Services-Special Projects - 77,000 77,000 25 26 Tota1 Changes to FYnancing 27 28 29 30 31 32 33 SPENDING PLAN: 34070 - Weed and Seed-Thomas/Dale 0141 - Overtime 0298 - Investigations 0439 - Fringe Benefits 77,000 - 41,000 41,000 - 30,500 30,500 - 5,500 5,500 34 Total Changes to Spending -- 7T,1T6D — 35 36 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2002 budget. 37 Requested by Department of: Dnlinn Adopted by Council:Date: Adoption ertified by Coi By: By: DEPARTMEN7'/OFFICE/COUNCIL DA7E INI7IATED Police ���2/02 GRE N EE�/ No. 203444 ONTACTPERS N PN NE INRIAUDA INfiIAVDATE Wi11i2tnFinney 29z-3588 � EPARlMFMDIRECTOR 5 mcouNa� MUST BE ON COUNCIL GENDA BV (DA7E) n� �e� ��Y� � ATfORNEY �� �CLEfIX u �d � L IFlw1Ndu5EfMLESnUt 1 v Yuw�GIRLSFRVIACCTG I�.J � -r �wwYOR(ORASSISTAM�_ ❑NUNNlPoGNTS �.i TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTON REQUESTED Approval of the attached council resolution esbblishing a 2002 financing and spending plan for Saint Paul Police Depachnent services provided to rlu�ezst H. WIlder Foundation ioi the T4iomaslDale-Frogtown Weed and Seed site. RECOMMENDATION ApproVe (A) of Reject (R) PERSONAL SERVICE CONTRACTS MUSTANSWER THE FOLLOWING �UESTIONS: 1. Has ihis persoNfirtn everworketl under a wntrect forthis departrnerd'? PLANNING COMMISSION YES NO CIB COMMITTEE ' 2. Has this personlfinn ever been a aty empbyee? CIVIL SERVICE COMMISSION vES NO 3. �oes Uus person/firtn possess a skill rwt mrtnally possessed by arry curre�rt city employee? VES NO 4. Is this person/frm a targeted ventloR YES NO Explain all yes answers on separete sheet and aHach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY) , The Saint Paul Police Department entered into an agreement with Amherst H. Wilder Foundation for police services pzovided at the ThomasfDal�Frogtown Weed and Seed site. AmUerst A. Wildet will reimbutse up to $77,000 fos police operarions associated with the Asset Forfeiture program, coordination of Police Deparhnent issues, and related overtime services at the ThomaslDale-Frogtown Weed and Seed site. (Attached is a copy of the agreement.) 'ADVANTAGESIFAPPROVED Appropriate 2002 financing and spending plan for the police services prov� ��I��town Weed and Seed site. JUL 2� 2002 DISADVANTAGESIFAPPROVED � None. -- <�...�.�.=y` DISADVANTAGES IF NOTAPPROVED Inability to work with Amherst H. Wilder Foundarion to increase police presence, shengthen police/commuuiry relarions, and improve the quality of life at the Thomas/Dale-Frogtown Weed and Seed site. TOTAL AMOUNT OF TRANSACTION $ up to $77;000 COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDING SOURCE f�ll]IleiSt fI. �VIld02 FOUIld3hOri ACTIVIN NUMBER 436-34070 FINANGIAL INFORMATION (EXPLAIN) - 3A070Thmas-DaleWeed&Seedbudget.gs2002 oy-�t'� Agreement • Between the Amherst H. Wilder Foundation and the City of Saint Paul THIS AGREEMEI�iT, made and entered into this day of , 2002, by and between Amherst H. Wilder Foundation, hereinafter referred to as "Wilder" and the City of Saint Paul, Minnesota, a municipal corporation euider the laws of the State of Minnesota, hereinafter refened to as, hereinafter referred to as "Provider". The Wilder and Provider, in consideration of the mutuai terms and conditions, promises, covenants, and payments hereinafter set forth, a�ee as follows: SECTION 1: Scope of Services. A. Provider a�ees to provide as described in its proposal, the specific tasks, deliverables, time lines, eta 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 Thomas/Dale-Frogtown Weed and Seed site, as recognized and defined in the grant awazded by the State of Minnesota. Such services shali include, but aze not limited to; police operations associated with the program lrnown as "Asset Forfeiture' ; attendance at Thomas/Dale-Frogtown 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 qualiYy 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 forward progress of the Weed and Seed strategy. SECTION 2: Time For Completion. A. The services rendered by Provider shall be covered from January 1, 2002 and will be completed in accordance with the schedule mutually aa eed 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 term of the agreement. Provider agrees to wnsult with Wilder and the Thomas/Dale-Frogtown 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 the Provider, which can change the completion date, 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 faithful performance of this A�eement, the Wilder hereby agrees to reimburse the Provider up to $77,000 for services described in Attachment A. oa-�FG B. The above amounts shall fully compensate the Provider for all costs. l�TO claim for services at.w�i cosis provided by the Provider, not specifically provided for or in excess oi budgeted amounts in this Agreement will be honored by the Wilder. C. Provider shall submit an itemized invoice monthly with an accompanying program repork 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: Liaison/Project Management A. Wiider desib ated Thomas/Dale-Frogtown Weed and Seed Site Coordinator as its Liaison for this Agreement, and the individual to whom all communicarions pertaining to the Agreement shall be addressed. The Liaison shall have the authoriry to transmit insfnxctions, 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 Dishict John Harrington as the Project Manager for this Agreement, and the individual to whom a11 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 cavered by this Agreement. The Project Manager wall'advise Thomas/Dale-Frogtown Weed and Seed and Wilder conceming the contract progress thiough the submission of reports as required by the Authorized Agent and the Executive Office of Weed and Seed. The Project Manager wili update the Site Coordinator monthly on the progress of the project. The Project Manager or the Police designee will be responsible far formulating 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: Wilder Responsibilities. A. The Wilder agrees to provide Provider with access to any information from Wilder documents, sta£f, and other sources needed by Provider to complete the wozk described herein. SECTION 6: Work Products, Records, and Dissemination of Information. A. For purposes of this Agreement, the following �vords and phzases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product" shall mean, any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Provider's services under this Agreement. "Supporting documentation " shall mean any suroeys, 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 Agreement. 6�.. `�{ "Business records" shail mean any books, docuxnents, papers, account records and other evidences, whether writien, e;ecuonic, or in other form, belonging to Consultant (Provider) and pertaining to work performed under this Agreement. B. Wilder and Provider agree to maintain all busaness records in such a manner as will readily conform to the terxns of this Agreement and to make such records available at its office at all reasonable times during the Agreement period and for six (6) years from the date of the final payment under the contract for inspecrion 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 Government Data Practice Act) as well as any other applicable federai, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmenial units which are now or hereafter promulgated insofar as they related to the Provider's performance of the provisions of this Agreement. SECTIOPi 7: Equal Opportunity Employment. A. The Provider will not discriminate against any employee ar applicant for employment for work under this Agreement hecause of race, creed, religion, color, sex, sexual oi 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 regazd to the same. This provision shall inciude, but not be limi2ed to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or terminarion; rates of pay ar their forms of compensation; and, selection for training, including apprenticeship. SECTION 8: Compliance With Applicable Law. A. Wilder and Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter 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. SECTION 9: Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationsYup of the Provider to the Wilder is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find Provider an employee of the Wilder. SECTION l0. Sabcontractipg. A. The Provider aa ees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the Wilder. 5ECTION 11. Aold Harmless. b.l--�.�"'1► A. Each party agrees that it will be responsible-for its own acts and/or omissions and those of its employees, representatives and agen�s tn 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 govemed by provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. And other applicable law SECTION 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 covenant of this Agreement; and neither the Wilder nor the Provider will assign or transfer their interest in this A�eement 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 temunated at an earlier date by either party. Either party to this Agreement may terminated it by giving no less than thirty (30) days written norice of the intent to terxninate to the other party. B. In the event of termination, the Wilder will pay Provider for all service actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter untii the date of termination. � — SECTION 14: Araendment 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 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 Council: To Provider: 100 E. l lth Street St. Paul, MN 55101 SECTION 16. Waiver. Any failure of a parky to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Ageement, or any of this AgreemenYs provisions. SECTION 17. Interpretation of Agreement, Venue. oa-cr� A. This Agreement shall be interpreted and construed according to the iaws of the State ot �o1�m�esota. All litigation related to this Agreement shall be venuea ii� �tie uis�ct Court of the County of Ramsey, Second Judicial District, and State of Minnesota. SECTION 18. Force Majeure. Neither the Council nor the Provider shall be held responsible for performance if its performance is prevented hy acts or events beyond the party's reasonable control including, but nof limited to: severe weather and storms, earthquake ar other natural occurrences, strikes and other labor nnr est, power failures electrical power surges or current fluctuations, nucleaz or other civil military emergences, or acts of legislaYive, judicial, execurive, or administrative authorities. SECTION 19. Entire Agreement. A. It is understood and agreed that this enrire 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 WHBI2EOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written.: ,r r� ...s 4-P � s e p��-�-e �� For the�Provider: For Wilder Its Chief of Police Date: 1 �! ( �U Approved as to form: Assistant City Attomey Its Date: Director, Office of Fi}�ncial Services Mayor or oa-�� ATTACf�V1ENT A This yeaz the SPPD's Western district is committed to working with the Frogtown Weed and Seed initiative. SPPD has already committed additional resources in the form of four additional beat officers to Frogtown bringing the total assigned to six. With this additional staffing we now have seven day coverage on aftemoons and a day shi$. Making the police in kind contriburion in excess of$300,000.00. During 2002 we plan to complete the following tasks: Community problem scan 31 Days of Hope patrol Curfew Sweeps and directed Patrol REDD Rocket Weed and Seed supplemental patrols Truancy and Curfew sweeps patrol Weed and Seed supplemental patrols Shop W! Cop February & Mazch 2002. May 2002 June 2002 June-August 2002 June-Auo st 2002 Sept.- October 2002 December 2002 $46,500 has been requested for Overtime. $26,500 for Sgt/Investigators and $20,000 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 elimanating street level narcotics activity committed by gangs 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 20 Weed and Seed directed patrol details. These details would include curfew sweeps ,truancy sweeps ,foot and bike patrol. Once again Central District has asked for $5000 in funds to conduct supplemental patrol in their part of Frogtown( East of Westem).Finally$2,000 of these funds will be used to develop a Police Athletic League in Frogtown. $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 confinued reductions in the quality of life violations. Funds &om 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. $7,000 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 Afhletic League(PAL )program. $7,500 is being requested for buy funds needed to support REDD Rocket. oa-c�. $3,000 is being requested for Cell phone service. We will use the phones during READ Rocket and then the phones will be given ro thE i xugcowii sseat officers to enhance the contact with the community. $3,000 is being requested £or travel training Yo prepare staff to understand the Weed aad Seed concept, work within acceptable Federal guidelines and to prepare for site re-certif cation. $500 for repairs of bike equipment which almost all the officer assigned to the Frogtown beat use. Frogtowi�/Thomas Dale Weed and Seed 2002 BUDGET Proposal: Rental(cazs, surveiliance locations, PAL) Supplies( surveillance equipment, P_AL, Bike parts) Buy Funds Overtime(530 hours @$50.00 Sgt/Inv) Overtime(444 hours @$45.00 patroI and PAL) Cell phone service Training Bicvcle maintenance $ 7,000.00 $ 9,500.00 $ 7,500.00 $26,500.00 $20,000.00 $ 3,000.00 $ 3,000.00 $ 500.00 $77,OOQ.00