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03-873Council I�tile # 6�� Green Sheet # 205953 RESOLUTION ;AIN�T PAUL, MINNESOTA Presented By: Beferred To: Committee:Date: � 1 2 WHEREAS, the Saint Paul Police Department has entered into an agreement with Saint Paul Arena Company 3 for police services provided at Wild Hockey home games and other large events; and 4 5 WHEREAS, Saint Paul Arena Company will reunburse the Saint Paul Police Department for police services 6 provided at Wiid hockey games and other large events; and 7 8 WIIEREAS, the 2003 financing and spending plan needs to be amended for the services provided to 9 Saint Paul Arena Company; and 10 11 WHEREAS, the Mayor pursuant to Sectiun 10.Q7.1 of the Charter of the City of Saint Paut, does certify that 12 there are available for appropriation funds of $75,000 in escess 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 34200 - Wild Security Services 22 4301 - Normal Acfivity Services 280,000 75,000 355,000 23 Total Changes to Financing 75,000 24 25 SPENDING PLAN: 26 34200 - Wild Security Services 27 0141 - Overtime 235,309 66,118 301,427 28 0439 - Fringe Benefits 37,632 8,882 46,514 29 Total Changes to Spending 75,000 30 31 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2003 budget. 32 Yeas Benanav � Blakev ✓ Bosbom Caleman Nairis La ntry Reiter � ✓ ✓ Absent Requested by Department of: �..� Approval Adopted by Council:Date: �C,�U� J� �� By: Adoption Certified by Council Secretary: For By: /� Approved by M or:Dat� B 34200 Wild Security Ser by City for by Finas�el Services: DEPA'RTME�iTl6'FFICEICOUNCIL OATE INITIATED Police 9/12/03 GREEN SHEET No. 205953 CONTACFPERSON&PHONE � - INmAVDAiE MmAUDATE Chief Williem Finney 292 1 oEr.uira+ranECron 5 cwv+a� MUST BE ON COUNCIL AGENDA BY (DATE) p ^ /L Please pIOCCSS ASAP ❑3 annnorsr�er �/� v �CLERK �.�� �FNpNCIpL5E0.VICE5q0. �fNANCIqLSERV/AUTG ' T �ewYOR(ORA595TAM) �RIGMiS u TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Approval of the attached council resolution amending the 2003 financing and spending plan for police security services provided to the Saint Paul Arena Company. RECOMMENDATION ApploVE (A) O! RejeCf (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this persoNfirtn ever worked under a conirect forthis depaAmentt PLANNING COMMISSION YES NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3 Dces this perso�rm possess a sltill not normalry possessed by any wrrent city employee7 YES NO 4. Is this perso�rtn a targeted vendoR YES NO Fxplain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPOR7UNI7Y (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Department has entered into an agreement with Saint Paul Arena Company for police services provided at Wild Hockey home games and other lazge events. The Saint Paul Arena Company wiil reimburse the Saint Paul Police Department for police services provided at Wild hockey games and other lazge events. The 2003 financing and spending plan needs to be amended for the services pzovided to Saint Paul Arena Company. (Attached is a copy of contract #02-12689-C) ADVANTAGESIFAPPROVED Appropriate budget for services provided to Saint Paul Arena Company. ��� p ��� �� � DISADVANTAGESIFAPPROVED � �"'+,� None. � ����� DISADVANTAGESIFNOTAPPROVED The 2003 financing and spending plan for the services provided to Saint Paul Arena Company will not be amended. TOTAL AMOUNT OF TRANSACTION $ $75,000.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE $31RY Pfllll E�1'0IIH COIDp2R}' ACTNITY NUMBER 436-34200 FMANCIAL INFORPAATION (EXPLAIt� u.r au.ruc.w.g,..c..va -� _ �'� ������ � � � �J�_ /2� �� � AGREEMENT Jµ�(.q � �'��-� �� 2003, by and between the CITY of SAINT PAUL, This a�reement dated this�..•: =^,=-, a municipal corporation under the laws of the State of Minnesota, hereafrer "City'� and Saint Paul Arena Company, �vith the address of 175 West Kello�g Boulevard. St. Paul. �C�i I 55101, hereafter "Contractor." �hII�REAS, Contractor's business has developed the need for policz _ervices in the City of Saint Paul: NOW THEREFORE, it is mutually agreed by and between the Cit}• and Contractor as follows: 1. Scooe of Services: That for the consideration stated hereafr:r. the Cit}� will provide one commander, two sergeants and-t���n-dut�� police officers to the affected area (identified below in A) located in the Cit}' of Saint Paul (for the tasks outlined in paragraphs A-B-C below) for each Wild Hocke� home game and other large events where Contractor determines attendance is etpe�ted to require police service. No other law enforcement personnel will be wed b}� the Contractor to perform the tasks outlined in this agreement. The Contractor further agrees these officers will be depioyed accordin� to the plans de� eloped bc the City of Saint Paul Police Department. This contract provides for the follo�� ina tasks A. !rc jjic artd Pedestr�ar� Co�rtrul. To include but na limited to: l. Assist with parkin� and traffic complaints. 2, The direction and control of traffic in and around the affected area. For purposes of this _��rzement, the "affected area" is the geographical �nd contiguous area surroundin� the RiverCentre ar:d am uea in ��'hich activity initiates or arises as a result of acti�itie� in the affected area. B Slle Secui�iry: To include but limited to � Precention of persons inro unautho: �z.3 affected areas ^ .��sist �itizens in and aruund th�c at'�c:�d ai�a ;. To provide overall safety for citizen� i:� the affected area. C. Ci'inre Srrppres.�rort. To include but not limited to 1. Patrol of streets and parkin_ lots �r. th: affected area 2. To provide police intervention into cn�tinal activity. D/.iu�.cn�� For the City Commander Todd .��tz!1 c Desi�nee 2. Eauioment. The City will provide assi�ned on-dun v� er;m� police officers with police radios, vehicles, complete uniform, and required u��ie'm accessones necessary to perform the tasks identified �cithin thi� a_re. :�.-'.c 3. Time for Completion: The services under this Avreemznt b� :he Citti will be commenced upon execution of the agreement and ��ill bz co::ipleted in accordance with the schedule a�reed upon with the Contrnctor. but no ;�nger than one year from the date of this agreement I � �3 � 4. Emer�encv Recall: Each on-duty ovenime officer will remain under the Cit}'s direction and control, and �vill be subject to serious police emergenc} calls for service and/or activation of any tactical alert throughout the City if the need arises. Officers may be called away from the Affected Area for such duties not related to or as a resutt of activities of the affected area. 5. Pavment: That the Contractor will pay to the City, throu�h its police dzpanment, the actual overtime hourly rate plus the actual frin�e benefit rate as reflecced in the current or future labor agreement between the City of Saint Paul and thz Saint Paul Police Federation. This rate wilf apply for those officers and supen�isors scheduled by the Saint Paul Police Department as described in paragraph 1 above. A minimum shifr of four (4) hours is required. Contractor to be billed e��er}• 30 days for sen iczs pro� ided Billings to occur within one (1) month of completion of service and Contractor to remit payment no more than thirty (30) davs from the receipt of invoice. In the event the assigned officer(s) are called a�� ay b}• the City pursuant to Section 5, City will adjust the applicable im•oice to reflect actual hours worked on tasks under this a�reement on a pro-rated basis In the event activities are such that in the reasonable discretion of the assigned commander, additional hours are needed to fulfill the terms of the contract for a paRicular time event and time, the assi�ned commander has the authority to continue che police services to complete the scope of services under this A�reement. An}' additional time needed as determined by the assigned commander will be billed on an hourly basis described abo�e In the event, as determined in the reasonable discretion of the assigned commander, either less or more than the agreed upon number of officers is needed at any given time for services under this :�greement, the assi�ned commander shall relieve or acquire additional police officers and sen ices as needed 6 Assi�,nment. The City and the Contr�ctor each binds itself and its :uccessor�. legal representatices and assigns of such other pacty, w+th respecc to atl coti enants of the Agreement, and neither the City nor the Contrlctor �cill assign or transfer their interest in this .��reement �rithout the �critten consent of the other patt} (which shall not be unreasonably held or defayed). 7 Hold Harmless Each party a�rees that it �vill be responsible for its o�� n acts and/or onussiuns and those of rts otticial�, employees, representau� es and a�enti �❑ carrying out the terms of this A�reement and the results thereof to the e�tent authorized b� la�� and shalt not be responsible for the acts and/or omi�sions of the other party and the results thereof. The liability of the Cit}. its officials. employees, representatives and agents shal( be �overned b} pro��sion of the Minnesota Torts Claims Act, Minnesota Statutes Chapter �66, et sz and other applicable la« g. Insurance Throu�hout the term ofthis Agreement, Contractor shall maintain (or cause one of i[s aftiliates to maintain for its benefit) in effect insurance co� eraUe in types and amounts rypicall}' held by other entities that are zngaged m Contractor's 2 . -. _ 03- ��3 business (e.g., other operators of sports and entenainment venues). From time to time durine the term of this A�reement, upon request by the City, Contractor shall provide to the City proof of Contractor's in�urance coverage. 9. Termination This agreement will continue in full force and effect until completion of the project as described herein.un(ess it is termir�ated at an earlier date by either party. Either party to this agreement may terminatz it by giving to less than 30 days written notice of the intent to terminate to the other party. In the event of termination, the Contractor will pay the City for atl services actually, timely and faithfully rendered up to receipt of the notice of termination and thereafter until the date of termination The Contractor agrees to si� e at least 24 hour notice to the City of cancellation of scheduted police services ior an individual event, unless such cancellation arises from a force majeure e� defined in exhibit (A). Failure to give such 24-hour notice will resuft in a four-hour per officer `'cancellation" charge to the Contractor. 10. Chanoes in Scope of Services: City or Contractor may request chan�es that would increase, decrease or othenvise modify the Scope of Services. Such changes and method of compensation must be authorized in writin� in advance by each party. 11. Records and Dissemination of lnformation Excep� as othenvise required by law, each party agrees not to release, transmit, or othencise disseminate information senerated as a result of this project �� ithout prior knowledge and written consent ofthe other party. The Contractm� and the City a�ree to maintain all books, documents, papers, account records, and other evidences pertainin� te ��orh performed under this .��reement in such a manner as will readily conior:n to the terms of this A�reement and to make such material available at its office a? .ill reasonable time� durin, the .-��reement period and for six (6) years from the d.ite of the final pa� ment under the contract for audit or inspection b}' the Citr or Contr�ctor or other duly authorized representative. In like manner, ifthe entire Agreement is terminated, all such documents on file «ith the City or Contractor shall also, upon req�:st, be made available to City or Contractor 12 Equal Oqoortunitv Emplo�ment Each party a_re.> that it will not discriminate avainst any employee or applicant for emplo} m:r.� for work under thu Agreement because of race, color, religion, sex, age, or nano::il ori�in and ��ill take aftirmative steps to ensure that applicants are emF�oyed/assi�ned and employees are treated during emplovment/assi_nment �+itF:o..' re�,ard to race. color. religion, sex, a�e or national origin. This provision shall include, but not be limited to !he followin�: employment, 3 d� assignment, upgradin�, demotion, or transfer; recruitment ad�•ertising, layoff or termination; rates of pay or their forms of compensation; and selection for craining, including apprenticeship. 15 16 13. Conflict of Interest: Each party agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business corporation or govemment unit that would create a conflict of interest in the performance of its obli�ations pursuant to this A�reement. 1�. En[ire A,reement. 1� is understood and a�reed [hat the entire a�reemen[ supersedes all oral a�reements and negotiations between the parties relatine to the subject matters hereof. Requirement of a Writins: Any alternations, amendments, deletions, or wai� ers of the provisions of this Agreement shall be valid only when reduced to writino and duly signed by the parties. Amendment of A�reement: This Agreement may be amended by further mutual written agreement of the parties thereto. Il� WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and tiear first above written. S��\T P.-�UL AREtiA CO�IP.�Nl", LLC 1D 41-1970667 CITI' SAfNT PAUL, \4I7\ TA • gy , .Q�l.L/L�t�l,+ ` �/� Y: � Director, Bti� . , r Chief of Police By ISenices - 3 `i ZcN Finne� Director, O$ice of Human R�;hts .-�pp to Form. � By _ is[ant City Attor ey � 4