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03-196Council File # 03 — l9 ` Green Sheet # 204594 RESOLUTION OF SAINT PAUL, NIINNESOTA Presented By: Referred To: � Committee:Date: � 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the Saint Paul Police Depardnent has entered into an agreement with District 6 Planning Councfl (District 6) far police services at the East Consolidated Weed and Seed site (Agreement # 02-12391-C); and WFIEI2EAS, District 6 will reimburse up to $112,500 for coordination of Police Department issues and auy related services provided at the East Consolidated Weed and Seed site; and WI�REAS, a 2403 fmancing and spending plan needs to be estabGshed for the services provided to District 6; and WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation funds of $112,500 in excess of those estimated in the 2003 budget; and WHEI2EA5, the Mayor recommends that the following addition be made to the 2003 budget: CURRENT AMENDED BUDQET CHANGES BUDGET 436 - 5pecial Projects-Police FINANCING PLAN: 34141 - Weed and Seed-Econ 4398 - Services-Special Projects 112,500 112,500 24 Total Changes to Financing — Tf�56� 25 26 SPENDING PLAN: 27 34141 - Weed and Seed-Econ 28 0141 - Overtime 0 48,500 48,500 29 0298 - Investigations 0 57,500 57,500 30 0439 - Fringe Benefits 0 6,500 6,500 31 32 Tota! Changes to Spending �3b�� 33 34 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2003 budget. 35 Yeas B/akey Adopted by ( Adoption Ce� Sy: —� Approved by By: � 34'147 l3 Absent ate: '"� � . �-(o � o �, Council Secretary: Requested by Department of: Police By: : -� cn o3 Apprpv�"lie�ommended by Financial Services: _ B Form �y Mayor f'or 5 ��� Econ Weed 8 -I!� DE ARTMENT/OFFICEICOUNGI� DATE INITIATED Police znios GREEN S ET No. 20459 • NT G7 PER N 8 P NE INmAUOA lNITV�UOAiE . Cllief Willi2m Finney 292-3588 1 oeru�Tren omecron 5 cawca { � y MUST BE ON COUNC L AGENDA BY (DATE) O 3�17�P Please process ASAP. 3�r.An�� ��� �iYiRNCWLSERVICfbWI � �RUNCNLSEItV/I1CttG � YOR(OR4LASTAH() �RK�IiTS �� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Approval of the attached council resolution establishing a 2003 financing and spending pT�f-Sai.nt,Paul Police Department seivices provided to District 6 Planning Council (District 6). ' � = f � z��3 �'rt:;r;,q�..: G'�Fd �v RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE CANTRACTS MUSY ANSWER THE FOLLOWING QUESTIONS: t. Has this perso�rtn e�er worked under a contract for this deparimeM? PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this perso�rm ever 6een a ciry employee? ` CIVIL SERVICE COMMISSION YES NO � 3. Does this personlfrm possess a skill not nortnally possessed by any curreM cdy employee9 , YES NO 4. Is ihis persoNfirm a targeted vendoR � YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITV (WHO, WHAT, WHEN, WHERE, WHY) District Six Planning Council has funds available to addLess community quality of life issues at the East Consolidated Wced and Seed site. The Saint Paul Police Departrnent will work in a collaborarive effort to address the negative impact of identified gang members and other individuals engaged in violent criminal behavior involving the use of firearms, to disrupt, dismande and successfully present for prosecuflon the organized violent criminal gangs, and to send a strong prevenuve message designed to prevent further violent behavior. (Attached is a copy of Agreement 02-12391-CJ ;qy� P5 TT�E'da�'.�'�PP �r—. =.:x�..:.._r , ADVAN7AGESIFAPPROVED �'�� �' �" ��1P� i Appropriate 2003 financing and spending plan for the police seivices provided to District 6. _ ' DISADVANTAGESIFAPPR�VED None. � DISADVAN7AGES IP NOTAPPROVED Inability to work with Distrid 6 to increase police presence, strengthen police%ommunity relations, and improve the commmiity quality of life at the East Consolidated Weed and Seed site. TOTAL AMOUNT OF TRANSACTION E 112,500.00 COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDMG SOURCE DIStr1Cf O P18riR1IIg COUIICil AC7IVITY NUMBER 34141 ... FINANCIAL INFORMP.TION (EXPLAIt� , -��" =D , v>L - FEB � 5 7003 UFFIC� �NIcF'� - �� — /��C� — �. �4i �,� i . AGREEAIENT � I ' . /�/ ; �, �.' : o s _t11. Beriveen the District 6 Planning Council and the City of Saint Paul THIS AGREEMENT, made and entered into this 1�` day of Januan ?003, by and between District 6 Planning Council, hereinafter referred to as "Council" and the Cit} of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafrer referred to as "Provider". The Council and Pro��ider, in consideration ofthe mutuaI terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1: Scope of Services. A. Provider agcees to provide as described in its proposal, the specific tasks, deliverables, time lines, etc. that make up these services that 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 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; addressing the negative impact of identified gang members and other individuals engaged in violent criminal behavior involving the use of firearms: disrupt, dismantle and successfully present for prosecution the organized vialent criminal gan�s and individual violent offenders, send a strong preventive message designed to prevent further violent behavior based on consequences. The Eastem District operation intends a collaborative effort involving the Saint Paul Police F.O.R.C.E. unit, the SIU/Narcotics Unit and the Minnesota Gang Strike Force. The Federal Bureau of Investigation has committed to the operation as the Federal partnerino aaenc�. The Provider shall consult with and report to the Weed and Seed Coordinator andlor members of the Steering Committee as needed to ensure fonrard progress of the Weed and Sezd strategy. SECTION 2: Time for Completion. A. The services rendered by Provider shall be commenced upon execution of the Agreement and notification by the Couneil to proceed and will be completed in accordance with ihe schedule mutually agc'eed upon with the Council to proceed and �ti'ill be completed in accordance �vith the schedule mutuafly agreed upon �yith the Council. �ihich is detailed in Attachment A, but no later than December 31,2003. Services «'ill be rendered by Provider throu�hout the term of the agreement. Provider agrees to consult �i�ith DISTRICT 6 and the EAST CONSOLIDATED STEERING COM\1ITTEE if more than ?0% of the ftmding a� ailable is to be spent in any calendar quarter. PAGE B. In the event there are delays caused by actions of the Council or «hich 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. T6e Council w�ill 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�reement, the Council hereby agrees to reimburse the Provider up to $113,SOO.00for services described in Attachment A. B. The above amounts shall fully 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 bv 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 Council to Provider within thirty (30) davs. SECTION 4: Liaison/Project Management. A. The Council designated Kerry Antrim as the liaison for this Agreement, and the individuaf to whom atl communications pertaining to the Agreement shall be addressed. The Liaison shall have the authority to transmit instructions, receiG e information. authorize amendments or changes to the Agreement, and interpret and define the Council's policies and decisions pertinent to work covered by this Agreement. B. The Provider has designated Senior Commander Jensen or his designee as the project manager for this Agreement, and the individual to whom all communications pertainin�, to the Agreement shall be addressed. The project manager shall hace the authorin to transmit instructions, receive information, authorize amendments or changes ro the Agreement of a non- fiscal nature, 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 pr�ject. The project manager or the POLICE designee �i�ill be responsible for formulating progress repores, gathering statistics for ecaluations, 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. Any request for budget amendments to this contract or change in spending, must be reduced to writing and fonvarded to Amy Brown, Research and Grants Manager, Saint Paul Police DepaRment. for final approval and before such spending can occur. SECTION 5: Council Responsibilities. 83-�9� PAGE a� i�� A. The Council agrees to provide Provider «ith access to any information from Council documents, staff, and other sources needed by Provider to complete the w�ork described herein. SECTION 6: Work Products, Records, Dissemination of Information. A. For purposes of this Agreement, the follo« in� �cords and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a diFferent meaning is intended. ° bVork product " shall mean, any report, recommendation, paper, presentation, drawina, demonstration, or other materials, whether in �critten, electronic, ar other format that results from Provider's services under this Agreement. "Sirpporti�ag documentation" shall mean an}• sun�eys, 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. "Bzrsiness records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, oc in other form, belonging to Provider and peRaining to work performed under this Agreement. B. Council and Provider agree 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) 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. Council and Provider agree to abide strictly by Chapter t3 of the Minnesota Statues (Min�csota Government 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 agenc} of Provider's performance of the provisions of this Agreement. SECTION 7: Equal Opportunity Employment. A. The Provider will not discriminate against an} 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 �vilt take affirmative steps to ensure that applicants are employed and employees are treated during employment ���ithout regard to the same. This provision sha11 include, but not be limited to the followin�: employment, upgrading. demotion, or transfer; recruitment ad� eRising. layoff or termination; rates of pay or their forms of compensation; and, selection for training, including apprenticeship. PAGE D�3-1 �il� SECTION 8: Compliance With Applicable Law. A. Council and Provider agrees to comply with all federal, state, and locai la«�s or ordinances, and all applicabie rules, regulations, and standards established by any aaency of such govemmental units, which are now or hereafrer promuigated insofar as they relate to the Provider s performance of the provisions of this Agreement. It shal] be the obligation of the Provider to apply for, pay for, and obtain all permits and/or licenses required. SECTION 9: Jndependent 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 Council is that of independent contractor and not that of emp(oyee. No statemenY contained in this Agreement shall be constnzed so as to find Provider an employee of the Council. SECTION 10: Subcontracting. A. The Provider aarees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the Council. SECTION 11. Hold Harmless. A. Each party agrees that it will be responsible for its own acts and/or omissions and those of its employees, representatives and agents in carrying out the terms of this A�reement 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, Cin 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 IaH. SECTION 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 A��reement; and neither the Council nor the Provider will assign or transfer their interest in this A�reement without the written consent of the other. SECTION 13. Tcrmination. 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 pam�. Either parn to this Agreement may terminate it by giving no less than thim (30) days �� ritten notice of the intent to terminate to the other party. B. In the e��ent of termination, the Council will pay Pro��ider for all sen'ice actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. PAGE b�3 ��� SECTION l4. Amendment or Changes to Agreement. A. Council or Provider may request changes that would increase, decrease, or othenvise 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 15, Notices. Except as otherw�ise 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, Return Receipt Requested. Any notices or other communications shall be addressed as follow�s: To Council: To Provider: Kathy Cole Amy Brown Executive Director Research and Granis Manager District 6 Planning Council 1061 Rice Street St. Paul, MN 55117 Saint Paul Police 100 East I1`" Street St. Paul, MN 55101 SEC'1'ION 16. Waiver. Any failure of a party to assert any right under this Aareement 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 Ramsey, Second Judicial District, State of Minnesota. SEC'I'lON 18. Force Majeure. Neither the Council nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the paRy�s reasonable control including, but not limited to: severe ��eather 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 beriveen the parties relating to the subject matters herein. SECTION 20. Supplanting. Pro��ider agrees that funds made available under this contract n'ill not be used to supplant local fimds but will be used to increase the amount of such funds that �rould, in the absence of federaf funds, be made available for law/code enforcement acti��ities. PAGE D 3 -l9(p IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. For the Provider: . � . \ �2� �-0 02' Chief of Police Y� s: !II For the Council: PAGE Approved as to form: a� ��� Attachment A FY 2002-2003 East Consolidated Weed and Seed Eastern District Law Enforcement Proposat 10/08/2002 Objectives and Goals The St. Paul Police Eastem District proposes a law enforcement plan directed at violent offenders and gang activity within the East Consolidated (ECON) Weed and Seed site. The overall goal of the plan is intended to address the negative impact of identified gang members and other individuals engaged in violent criminal behavior involving the use of firearms. Our enforcement objective is to disrupt, dismantle and successfully prosecute the organized violent criminal gangs and individual violent offenders employing an undercover law enforcement operation. The operation ��ill specifically target identified violent gang members and other individuals who choose to use firearms in furtherance of their criminal actions within or affecting the ECON area neighborhoods. We intend to send a strong preventive message designed to prevent future violence behavior based on consequences. The Eastem District operation intends a collaborative effoR invoh�ing the St. Paul Police FORCE Unit, the SIU/Narcotics Unit and the Minnesota Gang Strike Force. The Federal Bureau of Investigation has committed to the operation as our Federal agency paRner. In meeting our goals we expect to accomplish the followino: Execute 20 search warrants. Recover 30 firearms. Anest and prosecute ZS subjects. Reduce "shots fired" in the area by 30%. Reduce firearms related Aggravated Assaults by 20%. Dismantte the leadership of one identified criminal gang. Long term reduction in violence and drug distribution within the ECON site. Plan Overview The operation is designed around the ability to remain fluid and pro-active in nature. Our plan is to adapt and improvise our on going tactical operation in anticipation of the targeted criminal subjects as the operation unfolds. We are a�vare of a developing violent gang whose leadership is based �cithin the ECON site which makes this operati�n timely. The gang is a well-known entity in California recently expanding their criminaf enterprise in St. Paul. The opportunity to D3-lq� dismantle the gang's expansion in St. Paul in its formative stage is at hand. The operation is an aggressive approach to gang and violent offenders who choose to use firearms in furtherance of their criminal behavior. The operation is divided into two phases. The first phase uses a cooperating individual working under the direction of police officers purchasing nazcotics, primazily methamphetamine. We will document these transactions with personal observation and electronic surveillance. We selected narcotics activih� as the initial means of targeting gang and violent offenders due to the inTegral role narcotics distribution occupies in the gang enterprise and violent individual offenders course of conduct. The relationship between the use of firearms and drug distribution is �vell documented. The second phase of the operation involves following up of information and intelligence data developed in the first phase. We will also offer the individuals anested in the first phase an opportuniry to cooperate with law enforcement affording us to ��ork higher within the gang hierarchy or offender associates with [he intention of addressina firearms used or possessed by violent offenders. It is our intention to identify source locations of firearms and nazcotics affecting the ECON area and execute search wanants at these locations. Evaluation We intend to evaluate the success of the project by the follo«�in� criteria and methods: Comparative study and analysis of Part I data and Statistical Mapping Data related to Aggravated Assault and Shots Fired. Comparative study of gang related graffiti. Comparative analysis of Statistical Mapping Data reflecting Quality of Life issues related to narcotics activity. Survey by District Council5 Crime Prevention Coordinator of Neighborhood and Block Watch groups �4ithin ECON site. Level of arrests and successful prosecution of subjects occupying leadership roles of identified crimihal gang. 2003 East Consolidated Weed and Seed Budget Saint Paul Police Department Personnel (Overtime Salary and Fringe) Sergeant ($46.85Jtu x 150 hours x 13.36°l0 =$53.11 houriy rate) Police Officer ($3933/hr x 1055 hours x 1336%= $44.58 hourly rate) TOTAL a�-�G� $8,000.00 $47,000.00 $55,000.00 All hourly rates and numbers of hours estimated in each category aze subject to change based on need. OTHER Investigative Fund $42,000.00 Vehicle Lease $8,000.00 Communications $1,000.00 Supplies $6,500.00 TOTAG TOTAL AWARD $57,500.00 $112,500.00