03-643Council File # �3— ��3
Green Sheet # 205016
Presented By:
OF S�IlVT PAUL, MINNESOTA
Referred To: / / / I Committee:Date:
��
2 WHEREAS, the Saint Paul Police Department has entered into an agreement with the Amherst H. Wilder
3 Fommdation for police services at the Summit University Weed and Seed site (Agreement # 02-12513-C�; and
4
5 WHEREAS, the Amherst H. Wilder Foundafion will reimburse up to $118,665 for conducting zero tolerance
6 patrols in the Summit University neighborhood; and
7
8 WHEREAS, a 2003 financing and spending plan needs to be established for the services provided to the
9 Amherst H. Wilder Foundation; and
10
11 WHEREAS, the Mayor pursuant to Secfion 10.07.1 of the Charter of the City of Saint Paul, does certify thaf
12 there are available for appropriation funds of $118,665 in excess of those estimated in the 2003 budget; and
13
14 WHEREAS, the Mayor recommends that the following addition be made to the 2003 budget:
15
16 CURRENT AMENDED
17 BUDGET CHANGES BUDGET
18
19 436 - Special Projects-Police
20 FINANCING PLAN:
21 34142 - Weed and Seed-Summit University
22 4398 - Services-Special Projects 0 118,665 118,665
23 Total Changes to Financing 118,665
24
25 SPENDING PLAN:
26 34142 - Weed and Seed-Summit University
27 0141 - Overtime 0 71,450 71,450
28 0298 - Investigations 0 37,615 37,615
29 0439 - Fringe Benefits 0 9,600 9,600
30 Total Changes to Spending 118,665
31
32 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2003 budget.
33
Yeas Nays Absent � Requested by Department of:
Halris
Adopted by Council:Date: _I u/ d. 2DD3
Adopfion Certified„by Council Sec tary:
By: / �
Approved ayo
By: �''e�
36142 ild rSummit
budgetcr.2003
Yolice
�y �� � .
Approval R m d by Fina ial Services:
B
Form�i(lj�ove,� by City A�t q�ey:
. �3-�4
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
., i
Deparhnentlofficelcouncil: Date Ini[iated: �' v
pD -Poli���em OCrJUN-03 Green Sheet NO: 205016
Contad Person & Phone: ���rn SeM To Person Y�
William K Finney � 0 otice De em `� 0 �
��� Assign 1 oticeDe ent De entDirector
Must Be on Council Agenda by (Date): Number Z A �� e r1A 6 Z,
O�.DfyJUL-03 For }s�
� ROU[Iflg 3 or's Office Mavor/Assistant
Otder 4 oimnl
5 ' C7erk ' Clerk
Total tl of Signature Pages 1 (Clip All Locations for Signature)
Action Requested:
Approval ofthe attached council resolution establishing a 2003 financing and spending plan for Saint Paul Police Department seivices
provided to the Amherst H. Wilder Foundation for zero tolerance patrols at the Summit Universiry Weed and Seed site.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission t. Has this persoNfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a sloll not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why�:
The Amherst H. Wilder Foundafion will provide up to $118,665 for zero tolerance patrols in the Summit Unversity neighborhood. A
2003 financing and spending plan needs to be established for these services. (Attached is a copy of agreement 02-12513-C).
Advantages (f Approved:
Appropriate 2003 financing and spending plan for the police services provided at the Summit University Weed and Seed site.
Disadvantages If Approved:
None.
JUN 12 2Q�3
Disadvantages if Not Approved:
Inability to work with the Amherst H. Wilder Foundation to cnrtail illegal acrivities in the Snmmit University neighborhood.
Total Amount of CosflRevenue Budgeted:
Transaction: $118 , 665
Activit Number: 34142 ��� �� ����
Funding Source: Amhefst H. Wildef Y
Financiai lnformation: FOUf1d8YlOf1
E i�k h ��
(Explain) aJ�_>� .�, � �Q "
;
G2.- la7 ���c
Provider: St. Paul Police �- -�
Grant Amount $118,665 �
Agreement
Between the Amherst H. Wilder Foundation and the City of Saint Paul
THIS AGREEMENT, made and entered into this 1 st day of January, 2003, b}' and bern'een Amherst H. Wilder
Foundation, hereinafter referred to as "Wilder" and the City of Saint Paul, Minnesota, a municipal coiporation under
the laws of ihe State of Minnesota, hereinafter referred to as hereinafter refesed to as "Pro�'ider".
The Wilder and Provider, in consideration of the mutual terms and condiuons, promises, covenants, and pay�nents
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, tune lines, etc. that make
up these services which are detailed in Attachment A. Provider agrees to provide project coordination of Police
Department issues, and any related services, beyond the regulaz scope of dun', to the Summit University Weed and
Seed site, as recognized and defined in [he � ant awazded by the State of Mimtesota. Saint Paul Police will conduct
zero tolerance pa[rols in the Sununit University neighborhood in an attempt to curtail illegal activities. Identification
and azrests of those committing criminal act, Tazgeting gang and drug activig•, the visibility of patrol cars, wallcing
and bike patrols in the neighborhood. The attendance of officers at communiry events and meetings is strongly
encouraged by the Summit Universiry Weed and Seed Steering Committee
Uniforms will work closely with the F.O.R.C.E. in dealing with drug operationa The police Depaztment wtll also
wllaborate with Code enforcement in dealing with problem properties.
The Provider shall wnsult with and repoR to the Sun�mit Universiry• 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, 2003 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
November 30, 2003. Services will be rendered by Provider throughout the term of the agreement. Provider agrees to
consult with Wilder and the Summi[ University Steering Committee if more than 30% of the funding available is to
be spent in any calendaz quarter.
B. In the event there are delays caused by actions of Wilder or the Proeider, which can change thc completion date,
Provider may request an extension of time for completion of the project. Wilder �vill review the request and may
gant to the Provider such extensions of coniract 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 $118,665.00 for services described in Attachment B.
B. The aboae aznounts sha1L fully compensate the Provider for all costs. No claim for services and/or costs provided
by the Provider, not specifically provided for or in excess of budgeted amounts in thu Agreement will be honored by
the Wilder.
C. Provider shall submit an itemized invoice monthly with an accompan}'ing prograzn report Upon receipt of the
incoice and cerification of the charges, payment shall be made by Wilder to Provider within thirry (30) days. The
final invoice must be submitted by December 18, 2003.
SECTION 4: Liaison/Project Management.
63-1��3
Grant 2003
a3-(�'�3
Provider: St. Paul Police
Grant Amount $118,665
A. Wilder has designated Suttunit University Weed and Seed Site Coordinator as its Liaison for this Agrzement, and
the individual to whom all communications per[aining to the Ageement shall be addressed. The Liaison shall hacz
the authority to transmit instructions, receive informatioq authorize aznendments or changes to the Agreement, and
interpret and define the Wilder's policies and decisions per[inent to the work covered by this Agreement
B. The Provider has designated Senior Commander Westem District John Harrington as the Project Manager for this
Agreement, and the individual to whom all communicalions pertaining to the Agreement shall be addre�ed. The
Project Manager shall have the authority to transmit instructions, receive information, authorize amendments or
changes to the Agreement, and inteipret and define the Provider's policies and decisions pertinent to the trork
covered by this Ageement. The Project Manager will advise Summit University Weed and Seed and Wilder
conceming 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 progess
of the project. The Project Manager or the Police designee will be responsible for formulating progress rzpofts,
gathering statistics for evaluations, and/or o[her 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 a�vard. Any request for
budget adjustments to this conhact or change in spending, must be reduced to writing and for�varded to Amy Bro«n,
Research and Grants Manager, Saint Paul Police Department and Weed & Seed Site Coordinator for fmal appro��al
and before such spending can occur. Budget adjustments do not require a contract amendment unless changing the
entire amoun[ of the contract or unless they substantially alter the scope of services to be provided.
SECTION 5: Wilder Responsibilities.
A. W ilder agrees to provide the Provider with access to any information from W ilder documents, staff, and other
sources needed by the Provider to complete Ihe work described herein.
SECTION 6: WorkProducts, Records, and Dissemination of Information.
A. For putposes of [his Agreement, the following words and phrases shall have the meanings se[ forih in this section,
except where the context clearly indicates that a different meaning is intended.
"Work produc!" shall mean, any report, recommendation, paper, presenta[ion, drawing, demonstration, or other
materials, whether in or other format that results from the Provider's services under this Agreemen[.
"Supporting documen[otion" shall mean any surve5s, quescionnaires, notes, research, papers, analyses, �chether
written electroniq or in other form, and other ecidences used [o generate any and all work performed and work
products generated under this Agreement.
"Business records"shall mean any books, documents, papers, account records and other evidences, ��hzther written,
electronic, or in other form, belonging [o Consultant (Provider) and pertaining to work performed under this
Agreement.
B. Wilder and the Provider agree to maintain all business records in such a manner as will readily confonn to the
terms of thls Agreement and to make such records available at its office a[ all reasonable times during Lhe
Agreement period and for six (6) years from thz date of the final payment under the contract for inspec[ion or audit
by the CiTy, the State Auditor, or other duly authorized representative.
C. Wilder and the Provider agree to abide sh by Chapter 13 of the Minnesota Statutes (Mumesota Govemmznt
Data Praclice Act) as well as any other applicable federal, state, and local laws or ordinances, and all applicablz
rules, regulations, and standards established by an}' agency of such govemmental units which are no�c or hereafrzr
promulgated insofu as they related to the Provider's performance of the provisions of this Agreement.
SECTION 7: Equal Opportunity Employment.
2
Grant 2003
6 3°(�`�3
Provider: St. Paul Police
Grant Amount $118,665
A. The Provider ��ill not discriminate against any employee or applicant for employment for work under this
Agreement because of race, creed, religion, color, sex, seaval 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 easure that applicants aze employed and employees aze treated during employment wiffiout regazd to the same.
This pro�zsion shall include, but not be limited to the following: emplo}ment, upgrading demotioq or transfer;
recruitment ad� layoff or temiination; rates of pay or their focros of compensation; and, selection for
training, including apprenticeship.
SECTION 8: CompGance with Applicable Law.
A. Wilder and the Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable
rules, regulations, and standazds established by any agency of such go��ernmental units, which are now or hereafter
promulgated insofaz 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 permiu and/or licenses required.
SECTION 9: Background Checks.
Coniractor agrees to comply with She State of Mi�nesota Weed and Seed background Check Policy, E�ibit C.
Documentation of completed background checks must be made available upon request. Funds from this contract
may be utilized to pay for background checks on any Safe Havens personnel.
SECTION 10: Independent Contractor.
A. It is agreed by [he parties that, at all times and for all purposes within Ihe scope of this Agreement, the
relationship of the Provider to Wilder is that of independent contractor and not Ihat of employee. No statemen[
con[ained in tttis Agreement shall be construed so as to fmd the Provider an employee of Wilder.
SECTION 11: Subcontracting.
A. The Provider agrees not to enter into any subcontrac[s for any of the work contemplated tuider this Agreement
without obtaining prior written approval of Wilder.
SECTION 12: Hold Harmless.
A. Each party agrees that it will be responsible for its own acts and/or omissions and those of its employees,
representa[ives and agents in caaying ou[ the terms of this Ageement and the results thereof to [he eMent authorized
by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. The
liabiliry of the Provider, City of Saint Paul, its employees, officials and agents shall be govemed by provision of Che
Minnesota Torts Claims Act, Minnesota Sta[utes Chapter 466, et seq , and other applicable law.
SECTION 13: Assignmcnt.
A. Wilder and the Provider each binds itself and iis successors, legal representatives, and assigns of such other party,
with respect to all covenant of this Agreement; and neither Wilder nor the Procider will assign or transFer their
in[erest in this Agreement without the written consent of the other.
SECTION 14: Termination.
A. This Agreement will continue in full force and effect until compleuon of the project as described herein unless it
is terminated at an earlier date by either party. Either party to this A�reemen[ may tenninated it by giving no less
lhan thirty (30) days written notice of the intent to temunate to the o[her party.
B. In the event of termination, Wilder will pay the Provider for all service actually, tunely, and faithfully rendered up
to the receipt of the notice of termination and thereafter until the date of termination.
SECTION 15: Amendment or Changes to Agreement.
Grant 2003
03-G.�t3
Provider: St. Paul Police
Grant Amount $118,665
A. Wilder or the Provider may request changes that would increase, decrease, or otherwise modif} the Scope of
Services. Such changes and method of compensation mus[ be authorized in writing in advance b�' Wilder and the
Provider.
SECTION 16: Notices.
Except as othenvise 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. An}' nouces or other
communications shall be addressed as follows:
To Wilder:
Julia M. Cruz
Site Coordinator
Summit University Weed and Seed
919 Lafond Ave, Bldg A
St. Paul, MN 55104
To Provider:
Amy Brown
Reseazch and Grants Manager
Saint Paul Police
100 East 11� Street
St. Paul, MN 55101
SECTION 17: Waiver.
Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of [hat
right, this Agreement, or any of this Agreement's provisions.
SECTION 18: 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 Counry of Ramsey, Second Judicial Dis[rict,
and State of Minnesota.
SECTION 19: Force Majeure.
Neither the Council nor the Provider shall be held responsible for perfom�ance if its performance is prevented by
acts or events beyond the party's reasonable control including, but not limited io: severe weather and storms,
eazthquake or other natura] occurrences; strikes and other labor unrest; power failures electrical power surges or
current fluctuations, nuclear or o[her civil military emergences; or acts of legislative, judicial, e�ecutive, or
administrative authori[ies.
SECTION 20: Entire Agreement.
A. It is understood and agreed that Ihis entire Agreement supersedes all oral agreements and negotiations between
the par[ies relating to the subject matters herein.
SECTION 21: 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, in the absence of federal funds, would be made a��ailable for
law/code enforcement activities.
IN WITNESS WHEREOF, the par[ies hereto are authorized signatories and have executed thi� Affeement, the day
and yeaz first above «�itten.
F { Wilder
/ �
B •�-� 3/?t o3
Ic5 V�w �u-s��*�.�'�"�
Grant 2003
03—cou3
Provider: St. Paul Police
Grant Amount $118,665
Da[e:
Approved as to form:
Date:
f:19
[e:
Grant 2003
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