03-323Council File # Q3 � 31$
Green Sheet # 204599
RESOLUTION
OF SAIlVT PAUL, MIlVNESOTA
Presented By:
Referred To:
13
WHEREAS, The City of Saint Paul, Police Deparhnent, was authorized to enter
with the State of Mivnesota on February 12, 2003 (council Sle #03-148), and
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agreement
WFIEREAS, the State of Miunesota will reimburse the city for responding to requests for ordnance disposal
services, training, and equipment from January 1 through June 30, 2003, and
WHEREAS, a 2003 financing and spending pian needs to be established for the training and equipment
funds to be used in 2003, 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 $51,153 in excess of those estimated in the 2003 budget; and
WHEREAS, The Mayor recommends that the following addition be made to the 2003 budget:
436-Police Special Projects Fund
FINANCING PLAN:
34117-ChiePs Training Activity
4344-Bomb Squad
Total Changes to Financing
SPENDING PLAN:
34117-Chief s Training Activity
0251-Transportation
0252-Lodging-Meals
0253-Registration Fees
0259-Other Travel
CURRENT
BUDGET
55,916
53,695
23,608
15,274
Committee:Date:
CHANGES
51,153
51,153
3,819
3,750
2,200
1,000
AMENDED
BUDGET
51,153
59,135
57,445
25,808
16,274
30 0848-Other Specialized Equipment 7,000 40,384 47,384
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32 Total Changes to Spending 51,153
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34 THEREFORE BE IT RESOLVED, that the Saint Paul City Council approves the changes to the 2003 budget.
DEPARTN NT/OFFICFJCOUNCIL DATEINITIATED
Poi�� 3/1/03 GREEN S EET No. 204599
CON CTPERSON PHON iNl7inuD INmAVDATE .
Cllief William FiutnCy 292-3588 1 oernamarwn�oe 5 couxcu. b3 �3 �3
P1C2SC proCess A$AP. ❑3 «rcn*roxxEr �irrc�uuc
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�WR�ORA5413TAM) �IiKsNlS
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACT�ON REQUESTED
Signahues zeques[ed on the attached council resolution establis3ung a 2003 financing and spending
plan for the reimbursement of training and equipment expenditures for the St. Paul Police Department
Ordnauce Disposal Unit.
RECOMMENDATION A{1PfOVe (A) Of REJEC� (R) PERSONAL SERVICE CONTRACTS MUST ANSVlER THE FOLLOWING �UESTIONS:
t. Has ihis perso�rtn ever worked under a contacf for ihis depariment?
PLANNING COMMISSION YES No
CIB COMMITTEE 2. Has ihis personmrm ever been a ciry employee?
CIVIL SERVICE COMMISSION YES NO
3. Does this perso�rm possess a skill nM normally possessed by any arrent cdy employee�
YES NO
4. Is this personmrm a targeted vendoR
YES NO
E�rylain all yes answers on separete sheet and atlach to green sheet
INI71A71NG PROBLEM ISSUE, OPPORTUNI7Y (WFiO, WHAT, WHEN, WIIERE, WHY)
The State of Minnesota will reimburse the St. Paul Police Department for ordnance disposai
services, training and equipment expenditures for the period from January 1- June 30, 2003. This
resoluUon establishes a 2003 financing and spending plan for the uaining and equipment. The Ciry
Council authorized the City of Saint Paul, Police Department, to enter into the attached agreement
on February 12, 2003 (council file # 03-148).
ADVANTAGESIFAPPROVED
The St. Paul Police Department will be reimbursed by the State of Minnesota for ordnance disposal
training, equipment, and ordnance disposal services provided to other municipalifles in the State of
��esota. RECEIVED
DISADVANTAGESIFAPPROVED MAR 2 4 2002
None. MAYOR'S OFFfCE
DISADVANTAGESIFNOTAPPROVED
The St. Paul Police Department will discontinue providing ordnance disposal seivices to vt u�� ���'�� �
other municipalities throughout the State of Miunesota. ry �
A.A�6 � � L�O�
TOTAL AMOUN70F TRANSACTION S 51,153.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES
FUNDING SOURCE $S3f0 Of IVT1IlI1CSOk1 ACTIVIN NUMBER 436-34117 ��'
FINANCIAL INFORMATION (EXPLAIN)
odu equipma� from s[ate of mn.cr.gs
✓ v-�
presented By:
Referred To:
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Council File � f�It���t-7 �
Green Sheet #� 204584
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RESOLVED, that the City of Saint Paui, Police Department, is authorized to enter mto cne a<<ac��ou
agreement with the State of Minnesota. The State of rlinnesota will reimburse the city' for
responding to requests for ordnance disposal services, training, and equipment from Janua�y 1
through June 30, 2003. A copy of said agreement is to be kept on file and on record in the Office of
Financinl Services.
�v �l1 �1 �f S6�✓��
Yc:�s
Bosbom
Co leman
Hartis
Rel[er
Adopted by Councii: llatc_
Adoption Ccrtified by �
sy:
Approved by M:i}*or: Date:
sy:
odustateofmn-Ian03-jun03 cr
X��
il Secreta�y:
Requested by Department
Police
a, , ` � � � 3l � °3
. �
Form Appro�•ed b�' �t}' Attorne}:
By:
By:
by 6layor for Submission to Council:
CFMS Contract No. A42860
STATE OF MINNESOTA O3 � 3'3
JOINT POWER5 AGREEMENT
This a�reement is between the State of Minnesota, acting through its Commissioner of Public Safety, Division
of Emergency Management ("State") and the City of St. Paul, St. Paul Police Department("Govemmental
UniY').
Recitals
Under Minn. Stat. § 471.59, subd. 10, and Minn. Stat § 299C.063, subd. 3, the State is empo�vered to engage
sucli assistance as deemed necessary and enter into agreements .vith bomb disposa] units. The State is in need
of reimbursing State approved bomb disposal units for expenses, training and equipment as per Minnesota 2002
Session Laws, Chapter 401, Article 2, Section 1, Subd. 4.
Agreement
1 Term of Agreement
1.1 Effective date: January 1, 2003, or the date the State obtains all required si�natures under Minnesota
Statutes Section 16C.05, subdivision 2, whichever is later.
1.2 Ezpiration date: June 30, 2003, or until all obligations have been satisfactorily fulfilled, �chichever
occurs first.
2 Agree,y ent between tiie P�rties
2.1 Defiiitions: The terms used in this a�recment hlve the meanin� given them in Minn. Stat. § 299CA63,
subd. l: �� .
(a) °Bomb disposal wiit" means a commissioner-approved unit consistin� of persons ��ho are trained and
equipped to dispose o(or neutralize bomUs or other similar hazardous explosives and ��ho are employed
by a nuulicipality.
(b) "Conunissioner" mcans thc commissioner of public safety.
(c) "Mw�icipality" has the meaning given it in section 4GG.01.
(d) "Flazardous explosives" means explosives as defined in section 299F.72, sub. 2., explosi�•e devices 1nd
incendiaiy devices as defined in section G09.665, subd. 1, and nll materials subject [o regulation tmder
United States Code, title 1 S, chapter 40.
(e) °Geograplticjurisdiction" means the corporate limits ofdie Governmental Unit.
2.2 Governmental Unit will provide the following services ��hen responding to calls:
(a) Govemmental Unit is an approved bomb disposal tmit, and �vill provide bomb squad sen'ices outside
of its geographic jurisdiction for another municipality or otherwise outside the jurisdiction of dle
employer-municipality but within the state.
(b) Governmental Unit will only im'oice the State for ezpenses incurred «hile providing bomb disposal
unit services outside its geographic jurisdiction for another numicipality or othen��se outside the
jurisctiction of the employer-municipality but �vithin the state. Expenses incurred and im oiced to the
State �vill be set at a flat rate of S 150.00 per hour. Should the Government Unit hace a contract with
another entity other than dle State for these ser��ices, the Governmental Unit �vill not invoice the
State for services covered by that contract.
(c) A set flat rate of � I50.00 per hour for espense reimbursement to the Governmental Unit is inclusi��e
of the bomb squad imit and all services provided.
(d) Govemmental Unit will provide reports to the State's Authorized Representati��e at least quarterly,
but not more often than monthly using a reporting fornlat approved by the State. Reports must
Juint Pu��ers Agrrement (Rev. 12/00)
Clty of St Paul, St Naul Yulicc Uepartmcnt PY2003
Page �
CFMS Conffact No. A4286003 .313
include a brief outline of services provided and costs incurred. This report must be submitted to the
State's Authorized Representative with invoice for expense reimbursement.
23 Govemmental Unit will provide trainin� and purchase equipment for approved bomb disposai units and
members.
(a) Separate from Clause 2.2, above, the Governmental Unit may invoice the State for expenses incurred
to provide training for bomb disposal unit members and for equipment purchased for use by bomb
disposal unit. Reimbursement, ho�vever, may not exceed the dollar amount specified in Clause 3.2,
of this agreement.
(b) Govemmental Unit must comply �vith municipal bidding iaws �vhen purchasing equipment, and all
equipment purchased throu�h this a�reement is the property of the Governmental Unit.
(c) Govemmental Unit will provide reports to the State's Authorized Representative at least quarterly
but not more often than monthly usin� a reportin� format approved by the State. Reports must
include a brief outline of training services provided and equipment costs incurred. Report must be
submitted to the State's Authorized Representative with an itemized invoice for expense
reimbursement. The State's Authorized Representa[ive will review for approval equipment and
training costs claims.
3 Pay�ment
3.l The State will reimburse the Governmental Unit no more than $15,255.00 from Jamiary 1, 2003 throu�h
Jwie 30, 2003, for Governmental Unit's bomb disposal unit responding to calls as specified under
Clauses 2.1 and 2.2 of this agreement, and in accordance with the following:
(a) The Governmental Unit will be reimbursed at a f11t rate of $150.00 per hour for sen•�ces
provided when responding to calls. This flat rate is inclusive of the bom'o disposal unit and
services provided.
(b) Reimbw'semenC is limited to the extent of appropriated funds.
3.2 E�rom .lanuary I, 2003, through Junc 30, 2003, thc State will reimburse the Govemmental Unit no more
than $10,7G9.00 for training bomb disposal unit members and no more than $40,384.00 for purchasing
of equipment for use by approved bomb disposal units.
3.3 "The State will make payments to the Go�'ernmental Unit promptly after tlte Governmental Unit's
presentation of ittvoices for services perfonned, and/or equipment or training purchased or provided and
acceptance of such services by the State's Authorized Representative pursuant to Clause 4 of this
a�reement. Invoices will be submitted in a form prescribed by the State and in accordance with the
following schcdule:
(a) Itemized invoices will be filed in arrears at least quarterly, but not more often than monthly and
�vithin 30 days of the period covered by the im�oice for work performed or for equipment or training
purchased or provided. Final invoice tnust be recei�'ed no later than July � 1, 2003.
(b) Funds provided to the Governmental Unit for Fiscal Year 2003 response, trainm� or eqinpment
imder previous joint po�vers agreement #A26568 must be fully liquidated before funds provided
under d�is newjoint powers a�reetnent #A42860 may be requested.
(c) Funds specified in Clauses 3.1 and 3.2 of this agreement are not interchangeable.
The total obligation of the State for all reimbursement to the Governmental Unit under this agreement ��ill not
exceed �66,408.00.
Juin! Po�vers Ag�eement (Rev. 12/00) Page 2
C�ty of St. Paul, St. Paul Pulice Department FY2003
' CFMS Contract No. A42860
a� -zs3
4 Authorized Representatives
The State's Authorized Representative is Kevin Leuer, Senior Planner Hazardous Materials, 444 Cedar
Street, Suite 223, St. Paul MN 55101-6223, (651) 296.04�3, or his/her successor or designee.
The Govemmental Unit's Authorized Representative is Sargent Larry Ro�ers, 100 East l lth Street, St. Paul,
MN 55101, (651) 291-1 ll l, orhis/hersuccessor or desi�ee.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assig�:n:e�:t The Governmental Unit may neither assi� nor transfer any rights or obligations under this
agreement ���ithout the prior consent of the State and a fitlly executed Assignment Agreement, executed
and approved by the same parties who executed and approved this a�reement, or their successors m
office.
5.2 A�ne�:dme�:ts. Any amendment to this a�reement must be in �vriting and will not be effective 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 �vaive the
provision or its ri�ht to enforce it.
5.4 Co�etract Comp[ete. This a�reement contains all ne�otiations and agreements between the State and the
Governmental Unit. No other understanding re�ardin� this agreement, whether written or oral, may be
used to bind either party.
6 Li�bilit�•
Each party will be responsible for its o�vn acts and the results thereof. The Mimicipal ToR Ctaims Act,
Minnesota Statutes, Chapter 46G governs the Governmental Unii's liability. Minnesota Statutes sections
3.732 to 3.736 and section 17G.192 govcrn thc State's liability. A member of the Governmental Unit's
bomb disposal unit approved by the Commissioner of [he Dcpartment of Public Safety and employed by [he
Governmental Unit is considered an cmployec of the S[ate when engaged in the disposal or neutralization of
bombs or other similar haz�rdous explosives, as defined in section 299C.063 outside tlte jurisdiction of the
municipality but with+n the state for the purpose of the Minnesota Tort Claims Act, Minnesota Statutes
3.732-3J3G. This dause shall not be construe<t to bar any legal remedies the Govemmental Unit may have
for thc Statc's failurc to fulfill its obligations pwsuant to this a�recmcnt.
The Go�'ernmental Unit's geographic jurisdiction is defined as follows: For purposes of this agreernent, the
Governmental UniYs normal geographic jurisdiction is the corporate city limits of the city of Saint Paul,
Minnesota.
7 Workers' Compens�tion
The Governmental Unit certifies that it has complied with the workers' compensation requirement of
Minnesota Statutes Section U6.181, subd. 2. A membzr of the Governmental Unit's bomb disposal tmit
approved by the Conunissioner of the Department of Public Safety and employed by the Govemmental Unit
is considered an employee of the Department of Public Safety solely for the purposes of Minnesota Statutes
Chapter 176 relatin� to workers' compensatio�l �vhen disposing of or neutralizing bombs or otlier similar
hazardous explosives, as de£ined in section 299CA63 outside the jurisdiction of the Govemmental Unit.
The Govemmental Unit's geo�raphic jurisdiction is defined as follows: For purposes of this agreement, the
Govemmental Unit's normal geographic jurisdiction is the corporate city limits of the city of Saint Paul,
Minnesota.
Juint Puwers Agreement (Rt� 12/00) - page 3
Ciry o( St Paul. St Paul Polfce Uepanment FY2003
i
CFMS Contract No. A42860
03 -3�3
8 State Audits �
Under Minn. Stat. § 16C.05, subd. 5, the Govemmental Unit's books, records, documents, and accountin�
procedures and practices relevant to this agreement are subject to examination b}� the State and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement.
9 Government Data Practices
The Govemmental Unit and State must comply with the Minnesota Govemment Data Practices Act, Minn.
Stat. Ch. 13, as it applies to all data provided by the State under this a�reement, and as it applies to all data
created, collected, received, stored, used, maintained, or disseminated by the Go� emmental Unit under this
a�reement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this
clause by either the Govemmental Unit or the State.
If the Govemmental Unit receives a request to release the data referred to in this Clause, the Govemmental
Unit must immediately notify the State. The State will give the Governmental Unit instructions concemin�
the release of the data to the requesting party before the data is released.
10 Venue
Venue for all legal proceedings out of this agreement, or its breach, must be m the appropriate state or
federal court with competent jurisdiction in Ramsey Coimty, Minnesota.
II Termin:ttion
1 l.l Te�•nri�ration. The State or the Govemme��tal Unit may ternlinate this agreement at any time, with or
widiout cause, upon 30 days' written notice to the other party.
1 1.2 Terntiu�rtion fi�r /nsufficienr Funding. The State may inunediately temlinate this agreement i f it does
not obtain fimding from the Minnesota Legislature, or other fundin� sourcz: or if fimding cannot be
continucd at a levcl sufficient to allow for the payment of the seivices covered here. Tennination must be
by written or fax notice to tlie Governmental Unit. The State is not obligated to pay for any services that are
provided aRer notice and effective date of termina[ion. Howe�'er, the Govemmental Unit will be entitled to
payment, determined on a pro rata basis, for senices satisfactorily perfornied to the extent th�t funds are
availabla The Statc will not be asscssed any penalty if the a�reement is tem�inated because of die decision
of the Minnesota Legislatuie, or other ftmding sow'ce, not to appropriate fimds. The State must provide the
Governmental Unit notice of the lack of funding within a reasonable time of the State's receivine that
notice.
Joint Puwers Agreement (Rev. 12�00) page 4
City of St Paul, Sc Paul Polfce Uepartment FY2003
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1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Indrvidual cert feslhat funds have beers encumbered
Asrequimd 6yMina Smc §§ I6A.15 d l6C.05. BY:
(with ddegated authority)
Signed: Jon Hus ek �N � Title: /
i
Date: 11J20(02 Date: //
CFMS Conuact No. A- 860 �`
f
O3 • 3 �
CFMS ContractNo. A42860
�
2. GOVERNl � TAL IT 4. COMD�ISSIONER OF ADMINISTRATION
delegazed�to Materials Management Division
By: By: ,%
l
Title: Chief of Police I73te:
Date: �' \ � ` � v �
5. ATTORNEY GENERAL
As to fortn and execution
By:
Title:
Date:
Distribulion.
Agency
Govemmen[al Unit '
Stam's Authorized Representative — Phoro Copy �
By: ,f�
City Attorney
B
Direc[or, S
BY=
Randy . Kelly, Mayor
B
B
`
Diredtor, Human Rights
� � �p S � gV` ��.V�
� � � �'�r�
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Joint Powers Agreement (Rcv. 17100)
Ciry of St. Paui, St. Paul Politt Department FY2003 '" Page 5