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04-41Council File # �,' �' Green Sheet # 206020 Presented By: RESOLUTION OF MINNESOTA 7 �� Referred To: Committee:Date: 1 2 WHEREAS, Metropolitan Council, Environmental Services Division, Saint Paul Wastewater Treatment 3 Facility, has the need for police services in the City of Saint Paul; and 4 5 WHEREAS, the Metropolitan Council will reimburse the Saint Paul Police Department for police services 6 provided at the Saint Paul Wastewater Treatment Facility; and 7 8 WHEI2EAS, a 2004 financing and spending plan needs to be established For the services provided to 9 the Metropolitan Council; and 10 11 WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that ]2 there are available for appropriafion funds of $311,792 in e�cess of those estimated in the 2004 budget; and 13 14 WHEREAS, the Mayor recommends that the following addition be made to the 2004 budget: 15 16 CURRENT AMENDED ' 17 BUDGET CHANGES BUDGET : 18 > 19 436 - Special Projects-Police 20 FINANCING PLAN: 21 34201 - Metropolitan Council Security Services 22 4301 - Normal Activity Services 0 311,792 311,792 23 Total Changes to Financing 311,792 24 35 SPENDING PLAN: 26 34201 - Metropolitan Council Security Services 27 0141 - Overtime 0 274,141 274,141 2S O439 - Fringe Benefits 0 37,651 37,651 29 Total Changesto Spending 311,792 30 31 THEREFORE BE IT RESOLVED, that the City Council authorizes the City of Saint Paul to enter into the 32 attached agreement, which includes an indemnification clause, and approves the changes to the 2004 budget. 32 Yeas Abse�t Requested by ce G By: Approval Ijgc Adopted by Council:Date: ' � y� ��d `� By:_ Adoption Certified by Council ecretary: Form By: � Approved by � !� by City Mayor for of: Financial Services: metropolitan council security se�vi�s budget 8 authorization.a.2004 v6ioa I GREEN 266-5588 .....�,.�"..... � � ,...., �, ASAC �QIYiTfOfiHEY�_ ❑Z FWANCIRLSERVICESWC__ �YOR (OR ASSISTANn TOTAL # OF SIGNlaTiiRE PAGES REQUESTED rvo. � �' 206020 `� CLERK ❑FPLWCIALSERV/ACCTG � HIGHTS 1 (CLIP ALL LOCATIONS FOR SIGNATURE) Signatures requested on the attached councIl resolution es[ablishing a financing and spending plan for police services to be provided for the Metropolitan Council and authorizing the City of Saint Paul to enter into the attached agreement with Metropolitan Council. �, e � PLANNING COMMISSION � CIB COMMITTEE � CIVIL SERVICE COMMISSION / , , / PERSONA� SERVICE CONTRACTS MUST-ANSWER THE FOLLOWING �l1ESTIONS: 1. Has ihis personffirm everworked under a contracl for ihis depaAment? YES NO � 2. Has ihis persoNfirtn ever been a city�employee? ' YES NO ; � � 3 Does tNS perso�rm possess a skill �ot normally possessetl by any current cRy employee� Y,�S NO i 4 Is this person/firm�d targeted �end"or? YE$ NO all yes answ¢rs on separete sheet and aVach to green sheet Metropolitan Council has Ihe need for police sen�ices in the City of Saint Paul. A 2004 financing and spending plan needs to be established for the services provided to the Metropolitan Council and authorization is needed to enter into the attached agreement with Metropolitan Council. Reimbursement for police security services provided to the Metropolitan Council. None. 7 s s,: ,^ r��ss�3�g �. - .': ki G "�3 $ f1GE5 IF NOT APPROVED No dedicated police services provided at the Metropolitan Council Saint Paul Wastewater Treaunent Faciliry. TOTAL AMOUNT OF TRANSACTION S See attaCYLOd iFUNDING SOURCE Metropolitan Council INFORMATION (EXPLAIN) COST/REVENUE BUDGETED (CIRCLE ONEj YES NO ACTIVI7Y NUMBER credit 436-34201 metropolitan council services 2004.cr g Oy-�1 AGREEMEN"I' This agreement, dated this l Oth day of December, 2003, by and between the CITY of SA1NT PAUL, a municipal corporation under the laws of the State of Minnesota, hereafter "City" and, Metropolitan Council, Environmental Services Division, Saint Paul Wastewater Treatrnent Facility, hereafter "Facility". Wf�REAS,1h�Facility has the need for police services in the City of Saint Paul; and_ - NO W TI�REFORE, it is mutually agreed by and between the City and Facility as follows: 1. Scone of Services: That for the considerafion stated hereafter, the City will provide on-dury police officers to the Facility, located in the City of Saint Paul, in the number and manner requested by the Facility to perForm the following tasks; A. General Proactive Security Services: 1. Ensure the security of the Facility and the safety of its employees. 2. Prevention of persons into unauthorized azeas. 3. Assist Facility security and ci6zens in and azound the affected azea. 4. Enforce applicable state statutes. 5. Patrol the interior and exterior of the Facility located on Childs Road. B. Service Time. The Facility will request the City to provide security services Monday through Friday from approxunately 6:00 a.m. to 6:00 p.m. with a one-hour variance on the start and end tixne, wluch must be agreed to upon by the City and Facility. There will also be approximately 24 hours each week that the City will cover during night and/or weekends. Additionally, the Facility may request additional overtime coverage based upon unforseen needs. C. ManagemendScheduling. The overall management and supervision of the City's participafion of this agreement will be assigned to a Saint Paul Police commander(s), who will be assigned by the Chief of Police. The commander(s) will be the Facility's point of contact for any management issues. Management duties will include visiting the Faciliiy during various times to ensure department regulations aze being followed by assigned Ciiy personnel, and acting as liaison to Facility management. The commander(s) will be compensated on an overtime basis, not to exceed eight hours per week for this service. An officer familiar with filus facility, assigned by the Chief of Police, will schedule and provide orientation and trauung to City personnel under the commander's direction. This officer will be compensated on an overtime basis, not to exceed twelve hours per week for this service. Management overtime will be paid by the Facility. py- �ll 2. Reauest for Services Notification Tnne: A minimum of 48 hours notification must be made to the St Paul Police DepartmenYs representative each time service under flus Agteement is requested involving a new or different date, time or service azea, to allow for the scheduling of officers and adnxinistration of this Agreement. 3. ui ment: That assigned police officers will be provided with police radios, complete uniform, mazked police vehicle and required uniform accessories necessary to perform the tasks identified within ttris agreement. Based on the total monthly bill to the Facility, a five percent adnunistrative fee will be chazged to the Facility to cover such expenses. 4. Time for Comnletion: The services rendered by the City stall be commenced upon execu6on of the agreement and will be completed in accordance with the schedule agreed upon with the City, but no longer than tivrty sis months, unless renewed pursuant to Section 14 Amendment/Renewal of Agreement. 5. Pay ent: That the Facility will pay to the City, through its police deparhnent, an hourly fee equal to 1.5 times the hourly rate (based on the Saint Paul Police Federation collective bazgainixig contract) plus 13.434 percent for fringe benefits for each patrol and/or ranking officer during the time each officer is assigned during the term of ttris Agreement. Facility to be billed and agrees to pay upon submission of registered billslinvoices from the St. Paul Police Department for complefion of services under tius Agreement and Facility sha11 remit payment no more than thirty (30) clays from date of registered bills/invoices. If in the event the assigned officer is called away by the City pursuant to Section 6, Facility will be reimbursed for services paid on a pro-rated basis. 6. EmerQency Recall: Each officer will remain under the City's direction and control, and will be subject to serious police emergency calls far service and/or activation of any Tactical Alert throughout the city if the need arises. Officers may be called away from the Facility for duties not related to, or as a result of, activities of the Facility. 7. Assitnment: The City and the Facility each binds itself and its successors, legal representatives and assigns of such other parry, with respect to all covenants of the Agreement, and neither the City nor the Facility wili assign or transfer their interest in this Agreement without the written consent of the other. py-u 1 8. Hold Harmless: City shall indemnify, defend, and hold Facility harmless from and against any and all liability, judgements, costs, damages, claims or demands, including reasonable attomeys' fees, that arise out of the acts or oxnissions of City, or its employees, agents or police officers, and that arise out of the performance of ttus Agreement. -- . �- Facility shall indemnify, defend, and hold City harmless from anct any and all liability, judgements, costs, damages, clauns or demands, including reasonable attomeys' fees, that arise out of the acts or omissions of Facility, or its employees or agents, and that arise out of the - performance of this Agreement. 9. Tennivation: This agreement will continue in full force and effect unfil completion of the project as described herein unless it is tenninated at an eazlier date by either party. Either pariy to this agreement may terminate it by giving no less than 30 days written notice of the intent to terminate to the other parry. In the event of ternunation, the Facility will pay the City for all services actually, timely and faithfully rendered up to receipt of the notice of termination and thereafter until the date of termination. The Facility agrees to give at least 24 hour notice to the City of cancellation of scheduled police services. Failure to give 24 hour notice will result in a four hour per scheduled officer "cancellation" charge to the Facility. 10. Changes in Sco�e of Services: City or Facility 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 both parties. 11. Records and Dissemination of Information: Both parties agree to comply with Minn. Stat. § 13.01, et. seq., 12. Entire Aareement: It is understood and agreed that the entire Agreement supersedes all oral agreements and negotiafions between the parties relating to the subject matters hereof. 13. Rec�uirement of a Writin¢: Any alternations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. 14. Amendment of Agreement: This Agreement may be amended by. fin•ther mutual written agreement of the parties thereto. If the Agreement is amended, the same terms and conditions shall control the Agreement except where there is agreed upon aruendments. p�-y� IN WITNESS WHEREOF, the proper officials of the City and the Facility have executed this Agreement CTTY OF SAINT PAUL: METROPOLTTAN COUNCIL, ENVIRONMENTAL SERVICES: � ,� i i �r S:c�,�cc�f . J 1 U �e rU<= �-'�Ct `�CU0.� u7--c_��( t �