04-709Council File # ����
Green Sheet #�
Presented By:
Referred To:
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1 WI3EREAS, the City of Saint Paul, Police Department, entered into an agreement with the State of Minnesota
2 on February 12, 2003 (council Sle #03-148), and
4 WHEREAS, the State of Minnesota will reimburse the city for ordnance disposal traiuing and equipment
5 from January 1, 2003 through June 30, 2004, and
b
7 WI�REAS, a 2004 financing and spending plan needs to be established for the training and equipment funds
8 to be used in 2004, and
9
10 WfIEREAS, the Mayor, pursuant to Secfion 10.071 of the City Charter, does certify that there are funds
11 of $46,290 available for appropriation in excess of those estimated in the 2004 budget; and
fl2
13 WHEREAS, the Mayor recommends the following changes to the 2004 budget;
14
15
16 CURRENT AMENDED
17 BUDGET CHANGES BUDGET
18 436-Police Special Projects Fund
19 FINANCING PLAN:
20 34117-Chiefs Training Activity
21 4344-Bomb Squad 0 46,290 46,290
22
23 Total Changes to Financing
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25
26
27
28
29
30
31
32
33
SPENDING PLAN:
34117-Chiefs Training Activity
0251-Transportation
0252-Lodging-Meals
0253-Registration Fees
0259-Other Travel
0848-Other Specialized Equipment
Total Changes to 5pending
55,916
53,695
23,608
15,274
7,000
Committee:Date:
3,819 59,735
3,750 57,445
2,200 25,808
1,000 16,274
35,521 42,521
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35 BE IT RESOLVED, that the City Council approves these changes to the 2004 budget.
Requested by Department of:
✓
RESOLiJTION
CITY OF SAINT PAUL, MINNESOTA
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Approved by
Adopted by Council:Date: ,J tn, l y ,1 �
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Adoption Certified by Council Secretary:
BY� ! �
Approved b yor:Date: �
g ��e�^_
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Mayor for
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED
ro�i�e 6�ts�oa GREEN SHEET No. 206663 �
O TA TPE N. PH N INITIAVDA'fE IN151AL1DATE
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TOTAL # QF StGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED
Si�atures requested on the attached council resolurion establishing a 2004 fmancing and spending
pian for the reunbursement of training and equipment expenditures for the St. Paul Police Depamnent
Ordnance Disposal Unit.
RECOMMENDATION App�OVe (A) o� R2ject (R) PERSONAL SERVICE CONTRACTS MUSTANSWEk THE FOLLOWING QUESTONS:
i. Has Uis person/firm ever woricetl under a contract for thi5 department?
PLANNING COMMISSION YES NO
CIB COMMITTEE 2 Has mis personlfirm ever been a crty empioyee�
CIVIL SERVICE COMMISSION YES NO
3. Does this person�rm possess a swll nof normally possessed by any curteM cdy employee?
YES NO
4 Is this perso�rm a targeted vendoY.+
YES NO
Explain all yes answers on separate sheet antl attach to green sheet
INI7IATIN6 PROBLEM ISSUE, OPPOR7UNITY (WHO, WHAT, WHEN, WHERE, WHI�
The State of Minnesota will reimburse the St. Paul Police Department for ordnance disposal
haining and equipment expenditures for the period from January 1, 2003 - June 30, 2004. This
resolution establishes a 2004 fmancing and spending plan for the training and equipment. The City
Council authorized the City of Saint Paul, Police Depariment, to enter into the agreement
on February 12, 2003 (council file # 03-148). (Attached is a copy of the council resolution and agreement.)
ADVANTAGESIFAPPROVED .
The St. Paul Police Deparhnent will be reimbursed by the State of Minnesotz for ordnance disposal
training and equipment. RECEIUED ��� ��
, � ���
DISADVANTAGESIFAPPROVED ' dUL
Nane. MAYOR'S OFFICE ��„�.� ��.�-�����
DISADVANTAGES IF NOT APPROVED
�+ t �s]wn.. . -.
The St. Paul Police Deparhnent wili not get reimbursed for ordnance disposal services training .~i
and equipment from the State of Minnesota. ��
���L���
TOTAL APAOUNT OF TRANSACTION S 46,290.00 COST/REVENUE BUDGETED (GRCLE ONE) YES
FUNDING SOURCE State of Minnesota ACTIVITY NUMBER 43 6-34 1 1 7
FINANCIAL INFORMATION (EXPLAIN)
odu equipment from state of macr.gs 04
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Council File #
Green Sheet #
.�-°
03 -14
204584
a'�1' �o'ri
RESOLUTION
OF SAINT PAUL, NIINNESOTA
Presented By:
Itefened To: C ommittee:Date:
1 RESOLVED, that Yhe City of Saint Paul, Police Department, is authorized to enter into the attached
2 agreement with the State of Minnesota. The State of Minnesota will reimburse the city for
3 responding to requests for ordnance disposal services, training, and equipment from January 1
4 through 3une 30, 2903. A copy of said agreement is to be kept on file and on record in the O�ce of
5 Financial Services.
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Yeas Nays Absent Requested by Deparhnent of:
Benanav ,�'
Blakev ✓` Police
Bostrom
Co/eman
Harris
Lantry
Reiter
Adopted by t
Adoption Ce�
By: �
Approved by
BY� I
I: Date: ��_ t s a o o�
by Council 5ecretary:
Date: .�- L -
cr
sy:�� t 3l a3
Form pp oved by ity Attom�
By: �i/v
�
Mayor
AMENDMENT # I TO JOINT POWERS AGREEMENT # A42860
Contract Start Date: Januarv 1, 2003
Original Contract Expiration Date: June 30. 2003
Amended Contract Expiration Date: June 30 2004
Totat Contract Amount: $66,408.00
Original Contract: $ $66,408.00
Previous Amendment(s) Total: $0.00
Current Amendment: $0.00
cyd-�o9
This amendment is by and between the State ofMinnesota, through iu Commissioner ofPublic Safety, Division ofEmergency
Management ("State") and the City of St. Paul, St. Paul Police DepaRment ("Governmental UniY').
Recitals
2.
3.
The State has a Joint Powers Agreement with the Govemmental Unit identified as CFMS Contract # A42860 ("Original
Joint Powers AgreemenY') to reimburse the Governmental Unit for Bomb Disposal Unit services, and for training and
equipment needed to continue providing services.
This amendment is necessary to extend the Governmental i3niYs services for this program through June 30, 2004, as
authorized by the State's appropriation.
The State and the Governmental Unit are willing to amend the Original Joint Powers Agreement as stated below.
Agreement Amendment
In this Amendment deleted agreement terms tivill be struck out and the added agreement terms wil! be underlined.
REVISION 1. Clause 1, Paragraph l�"Expiration date" is amended as folfows:
1.2 Expiration date: T°�°����'�9os June 30, 2004, or until a11 obtigations have been satisfactority fulfiHed, whichever
occurs Frst.
REVISION 2 Clause 3"PaymenY' is amended as follows:
Payment
3.1 The State will reimburse the Governmental Unit no more than $15,255.00 from January 1, 2003 through 3urce3�
�993 June 30. 2004, for Governmental UniYs bomb disposal unit responding to calis 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 flat rate of $150.00 per hour for services provided when
responding to cails. This flat rate is inclusive of the bomb disposal unit and services provided.
(b) Reimbursement is Iimited to the extent of appropriated funds.
3.2 From 1anuary 1, 2003, through'••��'�� June 30, 2004, the State will reimburse the Govemmental Unit no
more than $10,769.00 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 Governmental Unit promptly after the Governmental UniYs presentation of
invoices for services performed, andlor equipment or training Qurchased or provided and acceptance of such services by
the State's Authorized Representative pursuant to Clause 4 of this agreement. Invoices will be submitted in a form
prescribed by the State and in accordance with the fotiowing schedule:
(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 invoice for work performed or for equipment or training purchased or provided. Final
invoice must be received no later than T� '� '�}�r "'�� Julv 31, 2004.
(b)
(c) Funds specified in Clauses 3.1 and 3.2 of this agreement are not interchangeable.
City of St Paui
Aage �
��'' AMENDMENT # 1 TO JOINT POWERS AGREEMENT # A42360 ���0�
The total obligation of the Sate for all reimbursement to the Governmental Unit under this agreement �vill not exceed
$66,408.Q0.
Except as amended herein, the terms and conditions of the Original Joint Powers Agreement and all pre� ious amendments
remain in full force and effect.
By execution of this amendment, the terms and conditions of the Originai Joint Po�cers Asreement and ail previous
amendments are expressly restated and reaffirmed.
STATE ENCl1MBRANCE VERIFICATION
Individual certifres thatfi�nds hwe been enarmbered
As reqzrired by Minn. Stat.�y § I6A.15 and 16C.05.
$IaRCd��L�/ 11i1 JI I`L� l,( �/� " i /
Date: ' i I � , �� � 3
J
CFMS Contract No. A4 860
2. GOVERNMENTAL IT
(City of P, i ) ,
BY � �
Title: ChieE of Poli
BY� ��rn 0 9 %: '�
� �
Da[e: � " � � '� �
Q
Title: City Attorney _
Date
By:
5. ATTORNEY GENGRAL
As to form and execution
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❑ar
B y : �Li�
Direc[or, OFS �
Date: �/- 3
By:
Da[
City of St Paul
Page 2
4. COMM►SSfONER OF� AM�TRAT�10\
dele�ated to Materials Mana�L'fif��
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
CFMS Conffact No.
��
�• W�\
This agreement 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 empowered to engage
such assistance as deemed necessary and enter into agreements with bomb disposal units. The State is in need
of reimbursing State approved bomb disposal units for expenses, training and equipment as per Minnesota 2D02
Session Laws,Chapter 401, Article 2, Section 1, Subd. 4.
Agreement
] Term of Agreement
1.1 Effective date: January 1, 2003, or the date the State obtains all required signatures under Minnesota
Statutes Section 16C.Q5, subdivision 2, whichever is later.
1.2 Expiration date: 7une 30, 2003, or until all obligations have been satisfactorily fulfilled, whichever
occurs first.
2 Agreer�ent between the Parties
2.1 Defin�itions: The temis used in this agreement have the meaning given them in Minn. Stat. § 294C.063,
subd. 1: i
(a) "Bomb disposal unit" means a commissioner-approved unit consisting of persons who are trained and
enuipped to dispose of or neutralize bombs or other similar hazardous explosives and who are employed
by a municipality.
(b} "Commissioner" means the commissioner of public safety.
(c) "Municipality" has the meaning given it in section 466A1.
(d) "Hazardous explosives" means explosives as defined in section 299F.72, sub. 2., explosive devices and
incendiary devices as defined in section 609.668, subd. 1, and all materials subject to regulation under
United States Code, title 18, chapter 40.
(e) "Geographic jurisdiction" means the corporate limits of the Govemmental Unit.
2.2 Governmental Unit will provide the following services when responding to calls:
(a) Governmental Unit is an approved bomb disposal unit, and will provide bomb squad services outside
of its geographic jurisdiction for another municipality or otherwise outside the jurisdiction of the
employer-municipality but within the state.
(b) Governmental Unit will only invoice the State for expenses incurred while providing bomb disposal
unit services outside its geographic jurisdiction for another municipality or otherwise outside the
jurisdiction of the employer-municipality but within the state. Expenses incurred and invoiced to the
State will be set at a flat rate of $150.00 per hour. Should the Government Unit have a contract with
another entity other than the State far these services, the Governmental Unit will not invoice the
State for services covered by that contract.
(c) A set flat rate of �150.00 per hour for expense reimbursement to the Goaernmental Unit is inclusive
of the bomb squad unit and all services provided.
(d) Governmental Unit will provide reports to the State's Authorized Representative at least quarterly,
but not more often than monthly using a reporting fonnat approved by the State. Reports must
Joint Powers Agreement (Re� 12/00)
City of SC Paul, S[. Paul Police Depanment FY2003
Page 1
CFMS Conuact I�io. A42860" '-��
include a brief outline of services provided and costs incuned. This report must be submitted to the
State's Authorized IZepresentative with invoice for expense reimbursement.
23 Govemmental Unit will provide training and purchase equipment for approved bomb disposal units and
members.
(a) Separate from Clause 2.2, above, the Govemmental linit may invoice the State for expenses incurred
to provide training for bomb disposal unit members and for eauipment purchased for use by bomb
disposal unit. Reimbursement, however, may rot exceed Yhe dollar amount specified in Clause 3.2,
of this agreement.
(b) Governmental Unit must comply with municipal bidding laws when purchasing equipment, and all
equipment purchased through this agreement is the propzrty of the Govemmental Unit.
(c) Gcrvernmental Unit will provide reports to the State's Authorized Representative at least quarterly
but not more often than monthly using a reporting format approved by the State. Reports must
include a brief outline of training services provided and equipment costs incuned. Report must be
submitted to the State's Authorized Representative with an itemized invoice for expense
reimbursement. The State's Authorized Representati��e will review for approval equipment and
training costs claims.
3 Payment
3.1 The State will reimburse the Govemmental Unit no more than $15,255.00 from January l, 2003 through
June 30, 2003, far Govemmental UniYs bomb disposal unit responding to calls as specified under
Clauses 2.1 and 2.2 of this agreement, and in accordance «'ith the following:
(a) The Governmental Unit will be reimbursed at a flat rate of $150.00 per hour for services
provided when responding to calls. This flat rate is inclusive of the bomb disposal unit and
services provided.
(b) Reimbursement is limited to the extent of appropriated funds.
3.2 From Jaauary 1, 2003, throu�h June 30, 2003, the State �ti ill reimburse the Govemmental Unit no more
than $10,769.00 for training bomb disposal unit members and no more than $40,384.00 for purchasing
of equipment for use by approved bomb disposa] units.
3.3 The State will make payments to the Govemmental Unit promptly after the Govemmental Unit's
presentation of invoices for services performed, andlor equipment or training purchased or provided and
acceptance of such services by the State's Authorized Representative pursuant to Clause 4 of this
agreement. Invoices will be submitted in a form prescribed by the State and in accordance with the
following schedule:
(a) Itemized invoices will be filed in arrears at ]east quarterly, but not more often than monthly and
within 30 days of the period covered by the incoice for work performed or for equipment or training
purchased or provided. Final invoice must be recei� ed no later than July 31, 2003.
(b) Funds provided to the Governmental Unit for Fiscal Year 2003 response, training or equipment
under previous joint po�vers agreement #A26�6S must be fully liquidated before fitnds provided
under this new joint powers agreement #A42860 ma} be requested.
(c) Funds specified in Clauses 3.1 and 3.2 of this agrezment are not interchangeable.
The total obligation oF the State for all reimbursement to the Go� zrnmental Unit under this agreement will not
exceed $66,408.00.
Joint Powers Agreemen[ (Rev. 12/00)
City of S[ Paul, SC Paul Police Departmrnt FY2003 Page 2
CFMS Contract No. A42860
�-'10�
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) 296.0453. or hisiher successor or designee.
The Governmental UniYs Authorized Representative is Sazsent Larry Rogers, 100 East l lth Street, St. Paul,
MN 55101, (651) 291-1111, or his/her successor or desigiee.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. The Governmental LJnit may neither assi�n nor transfer any rights or obligations under this
agreement without the prior consent of the State and a fully executed Assignment Agreement, executed
and approved by the same parties who executed and approved this ageement, or their successors in
office,
5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has
been executed and approved by the same parties �vho executed and approved the original agreement, or
their successors in office.
5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the
provision or its right to enforce it.
5.4 Confract Compleie. This agreement contains all negotiations and agreements between the State and the
Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be
used to bind either party.
6 Liability
Each party will be responsible for its own acts and the results thereof. The Municipal Tort Claims Act,
Minnesota Statutes, Chapter 466 govems the Governmental UniYs liability. Minnesota Statutes sections
3.732 to 3.736 and section 176.192 govem the State's liability. A member of the Govemmental Unit's
bomb disposal miit approved by the Commissioner oT the Department of Public Safety and employed by the
Govemmental Uuit is considered an employee of the State ��hen engaged in the disposal or neutralization of
bombs or other similar hazardous explosives, as defined in section 299C.063 outside the jurisdiction of the
municipality but within the state for the purpose of the Afinnesota Tort Claims Act, Minnesota Statutes
3.732-3.736. This clause shall not be construed to bar any ]z�al remedies the Governmental Unit may ha��e
for the State's failure to fiilfill its obligations pursuant to this agreement.
The Goverrunental Unit's geographic jurisdiction is defined as follows: For purposes of this agreement, the
Governmental UniYs normal geographic jurisdiction is the corporate city limits of the city of Saint Paul,
Minnesota.
7 Workers' Compensation
The Governmental Unit certifies that it has complied «ith the workers' compensation requirement of
Minnesota Statutes Section 176.181, subd. 2. A member of the Govemmental Unit's bomb disposal tmit
approved by the Commissioner of the Department of Public Safety and employed by the Govemmental Unit
is considered an employee of the Department of Public Safen� solely for the Quiposes of Minnesota Stahites
Chapter 176 relating to workers' compensation ��'hzn disposing of or neutralizing bombs or other similar
hazardous explosives, as defined in section 249C.06= outside the jurisdiction of the Govemmental Unit.
The Governmental t3niYs geographic jurisdiction is defined as follows: For puxposes of this agreement, the
Governmental UniYs normal geographic jurisdiction is the corporate city limits of the city of Saint Paul,
Minnesota.
Joint Powers Agreement (Rev. 12/00)
City of St. Paul, St. Paul Police Department FY2003 Page 3
%''�� 'n r
CFMS Contract No. A42860
O�l-1bq
8 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Gocemmental Unit's books, records, documents, and accounting
procedures and practices relevant to this agreement are subject to examination by 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 Govetnmental 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 agreement, and as it applies to all data
created, collected, received, stored, used, maintained, or disseminated by the Govemmental Llnit under this
agreement. The civit remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this
clause by either the Governmental Unit or the State.
If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental
Unit must immediately notify the State. The State will give the Govemmental LJnit instructions concerning
the release of the data to the requesting party before the data is released.
10 Venue
Venue for all legal proceedings out of this a�reement, or its breach, must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The State or the Govemmental Unit may terminate this agreement at any time, with or
without cause, upon 30 days' written notice to the other party.
ll.2 7'ern:iization for Insufficient Funding. The State may immediately terminate this agreement if it does
not obtain funding from the Minnesota LeQislature, or other funding source; or if funding cannot be
continued at a fevel sufficient to allow for the payment of the services covered here. Termination must be
by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are
provided after notice and effective date of terniination. Ho�vever, the Govemmental Unit will be entitled to
payment, determined on a pro rata basis, for services satisfactorily performed to the eatent that funds aze
available. The State «ill not be assessed any penalty if the agreement is terminated because of the decision
of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the
Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that
notice.
Joint Powers Agreement (Rev. 12/00)
Ciry of SL PauL St. Paul Police Departmen[ FY2003
Page 4
t * x �
1. STATE ENCUMBRANCE VERIFICATIOI3
[nd"rvidual cenifies lhatfunds hm'e 6een e��'^t�red
As required by Minrt. Stat. §§ 16A.15 16C.05.
Signed: Jon Hus ek /it �
Date: 11/20/02
CFMS Contract No. A-42860
4.
2. GOVERNMEN L UNIT
B
Title: Chief of Police
Date: a'l c�'� ` D �
CFMS Contract i�o. A42S60
r ',
COMMISSIO1�iER OF ADMI�IISTR
delegatedtoMateria�sManagement signed
ay:
Date: .
5. ATTORNEY GENERAL
As to fortn and execution
BY:
Title:
� • - • i.nnwc.e��aiu�f
���
Distcibution�
pgency
Govemmentai Unit
State's Aailm*+xed Repcesentative - Photo Copy
; �__>
By:
By
By
By
loint Powers ABreement (Rev. l2/00)
Ciry of Sc Paul, St Paul Police DePMment FY2003
Page 5