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05-706Council File # Presented By: RESOLUTION OF SA,�NT PAUL, MINNESOTA Green Sheet # o�-�� 3027457 / 2- Referred To: Committee:Date: 1 BE IT RESOLVED, that the City council authorizes the City of Saint Paul, Police Department to ente 2 into the attached joint powers agreement, which has an indemnification clause, with the Minnesota 3 State Agricultural SocieTy "State Fair". A copy of said agreemetn is to be kept on File and on record 4 in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Yeas Nays Absent Requested by Department of: Benanev � rBostrom � �� �� PeliCe r/�l� Adopted by Council: Date: Adoption B Approved B y : _� Minr Secretary: i t or: Dace: �C L�� i� By: , .2005.cr.xis by City1Attorney: _ oS- � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenVoffice/council: Date Inkiated: Po -Po�;�eD��,� 2�,��� Green Sheet NO: 3027457 Contact Person & Phone- Deoartrnent SeM To Person Initial/Date Chief John HarringtOn � 0 otice De ent Po6c De a ent 266-5588 A55ign 1 oliceDe a ent De artmentDirec[or C/ Must Be on Council Agentla by (Date): Number y ; pttoroe Ci Anorne � For ROUting 3 0's Office Ma orlAssis nt Order 4 oun il Coun ' 5 i Clerk Ci C7erk 6 olice De a P Iice De ar[ment Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to gnter into the attached joint powers agreement with the Minnesota State Agricultural Society "State Fair". Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following 4uestions: Planning Commission � �. Has this person�rm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet e Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �The Saint Paul Police Department will provide vazious police services fot the Minnesota State Agricultural Society "State Fair" during the period as described in the contract. AdvantapeslfApproved: In return for services provided, the City of Saint Paul will receive payments from the Minnesota State Agricultucal Society "State Fair" as described in the contract. DisadvantaqeslfApproved: None. DisadvanWges If Not Approved: The loss of revenue to the City of Saint Paul. Total Amount of �e� /'�1�/� CosVRevenue Budgeted: � Transaction�,9l v� � � ^�' � Fundinq Source: N1iYl�eSOlB Stefe Activity Number: W+� �Q��e1iY:F? CP!��A! Financial Information: AgfiCUl�UfB� SOCi2ly (Explain) JUL 2 6 2005 ,. . . • AGREEMENT OS-7o6 THIS JOINT POWERS AGREEMENT, dated this between the CITY OF SAINT PAUL, Mianesota hereinafter referred to as "City" and the MINNESOTA STATE AGRICULTURAL SOCIETY, hereina8er referred to as "State Fair", both political subdivisions witbin the State of Minnesota, which aze empowered to enter into joint powers agreements pursuant to Minn. Stat. § 471.59 and to enter into agreements to lease equipment pursuant to Minn. Stat. § 471.64. WITNESSETH: The City and Consultant Provider, agree as follows: THAT PURSUANT TO THIS AGREEMENT, IN CONSIDERATION OF THE MUTUAL TERMS AND CONDITIONS, PROMISES, COVENANTS, AND PAYMENTS HEREINAFTER SET FORTH, IT IS MUTUALLY AGREED BY AND BETWEEI3 THE CITY AND STATE FAIR, AS FOLLOWS: A. The City will provide, pursuant to this Agreement, various services and equipment, at a set price and at a fair in kind exchange, to khe State Fair during the annual Minnesota State Fair; B. The City will provide, pursuant to this Agreement, various services and equipment, at a set price and at a fair in kind exchange, to the State Fair during the non-Minnesota State Fair fime; and C. The State Fair will lease the Minnesota State Fair Machinery Hill or a State Fair buildmg to the City, as a fair in kind exchange, for training exercises subject to notice and availability. A. Minnesota State Fair Services Because the State Fair Police is not a permanent law enforcement agency providing law enforcement szrvices year around, pursuant to this Ageement, the City has agreed to provide the below services, to assist the State Fair Police during the time period of the Minnesota State Fair. SECTION 1: ScoQe of Services. City's responsibiliries: a. The City will provide traffic direction, crowd control, pazking enforcement and general police services during preparation and operation of the State Fair and specifically will provide service at the following St. Paul intersections: -1- oS- '70� Sneiting and Como, Snelling and Midway Pazkway, Snelling and Hoyt, and positions on Como from Canfield to Snelling. b. The Ciry will provide general police services, pazking enforcement, and traffic and crowd control at other intersections and areas which may become affected by the State Fair, if these services are deemed necessary by the City's officer in chazge of the detail and agreed to by the State Fair. c. The City will make reasonable effort to recruit volunteers to supplement the City's traffic and crowd control services during the State Fair and these volunteers will be provided at no cost to the State Fair. d. The City will provide the State Fair Police with access to it police Records Management System ("RMS") for report writing and zecord keeping. The City wili provide a sufficient number of complaint nuxnbers and blank reports to handle the volume of police reports generated by the State Fair Police. Further, these reports will be merged into the City's RMS for report retention pursuant to State law. These reports will be availability for year-round investigation and for any law enforcement purposes pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. e. The City will provide crime laboratory services for State Fair Police cases occurring during the State Fair. f. The City will provide, to the State Fair Police, at the end of State Fair, follow-up andlor coordinated of criminal investigation services necessary to complete any then active criminal investigation. g. The City will provide the State Fair with six St. Paul Police Department ("SPPD") mazked patrol vehicles, to include radios, red lights and sirens. These vehicles will be provided for a 26-�lay period during the State Fair. h. The City will provide the State Fair Police with a radio control starion capable of being wired into the State Fair radio transmitter, to facilitate radio communications between the SPPD and the State Fair Police. This will allow the SPPD channel3, the State Fair Police UHF and the State Fair VHF to be simulcast and a message received by all necessary officers. Emergency Recall: Each SPPD officer will remain under the City's direction and control, and wili be subject to serious police emergency calls for service andlor activarion o£ any Tactical Alert throughout the city if the need arises. Officers may be called away from service under this Agreement for duties not related to this Agreement. The SPPD may defer responding to or perform for the State Fair -2- OS- 7D� under this Agreement in deference to providing essential police services to the City of Saint Paul without penalty of liabiliry of any kind, but wili respond or renew performance when feasible to do so. State Fair's responsibilities: a. The State Fair will promote and secure the cooperarion of its staff, without expense to the City, including but not limited to court appearances and other assistance to successfully prosecute criminal cases generated from the State Fair. SECTION 3: Billings and Payment. a. The State Fair shall reimburse the City by payment to the SPPD for the services provided during the Minnesota State Fair according to: the rate of regular salary, plus overtime salary, all at the ten year rate for an officer, sergeant, or commander as found in the current Saint Paul Police Federation Contract. b. The State Fair shall reimburse the City of Saint Paul Police Department for officer services in this Agreement according to the certified hourly wages of such police officers. The certification of the City services shall inciude the name and rank of each police officer and the hours of assignment in vehiculaz and pedestrian traffic control as well as the hourly wage defined above for such officers. c. The State Fair shall reimburse the City by payment to the SPPD for use of mazked patrol vehicles at a rate of twenty-five dollazs per day, adjusted yearly to reflect increases or decreases in the consumer price index. d. The costs associated with criminal investigations will be based on the actual hourly wages of the City employee(s) conducring the investigation. e. The costs assoeiated with the criminal laboratory services will be pursuant to the attached fee schedule, Attachment A. f. The State Fair agrees to reimburse the SPPD for repairs of State Fair radios. g. The City shall keep record of its costs in providing services to the State Fair during the Minnesota State Fair and shall prepaze an itemized statement thereof showing the amount due hereunder and submit the same to the State Fair no later than 30 days after the perfortnance of said service. -3- DS=7o� h. The State Fair agrees to pay the City all monies due hereunder and as shown by the invoices or statement submitted to the State Fair within 30 days after such submission. i. Costs associated with SPPD training of State Fair staff and other associated costs under this Agreement will not be accessed and will be considered a fair in kind exchange for SPPD lease of Minnesota State Fair Machinery Hill or a State Fair building to the City for training exercises subject to notice and availability. B. Non-Minnesota State Fair Time Services Secause the State Fair Police aze not actively engaged in full-time law znforcement duties on the State Fairgrounds during the time period when the Minnesota State Fair is not being held, pursuant to this Agreement the City has agreed to provide the below services. SECTION 1: Scope of Services. City's responsibilities: a. The City agrees to provide general law enforcement services to the general azea of the Minnesota State Fair grounds. These services will include rourine police patrolling consistent with the assignment of police officers and squads to the general area of the Minnesota State Fair grounds. It is understood routine patrolling will include general traffic supervision and building surveillance. The City will respond to the State Fair's request for service as the result of specific events and/or incidents. These requests maybe the result of, by way of illustration and not of limitation, traffic accidents, burglaries, criminal damage to property and assaults. c. The City will provide criminal investigation services necessary for any criminal cases generated from or on State Fair grounds during non-Minnesota State Fair time. d. The City will provide crime laboratory services for State Fair Police cases occurring during the non-Minnesota State Fair time. e. T'he City will authorize the appropriate staff of the State Fair to communicate on the same police radio frequency as the SPPD utilize in its Westem District. The city will provide radio trafning, instructions, radio repair and maintenance as is necessary to effectively promote radio communications. State Fair agrees to reimburse the SPPD for repairs of State Fair radios. � o S- 70� State Fair's responsibilities: a. The State Fair will promote and secure the cooperation of its staff, without expense to the City, including but not limited to court appearances and other assistance to successfully prosecute cases generated from the State Fair. SECTION 2: Billings and Payment. a. Costs associated with SPPD general law enforcement services, under Section B of this Agreement, will not be accessed and will be considered a fair in kind exchange for SPPD lease of Minnesota State Fair Machinery Hill or a State Fair building to the City for training exercises subject to notice and availability, as stated in Section C of this Agreement. b. For costs associated with B- 1- c, the criminal investigations services will be based on the actual hourly wages of the City employee(s) conducting the investigation. e. The costs associated with B- 1- d, the criminal laboratory services will be pursuant to the attached fee schedule, Attachment A. f. "I`he State Fair agrees to reimburse the SPPD for repairs of State Fair radios. g. The City shall keep record of its costs in providing services to the State Fair during the non-Minnesota State Fair time and shall prepaze an itemized statement thereof showing the amount due hereunder and submit the same to the State Fair no later than 30 days after the performance of said service. h. The State Fair agrees to pay the City all monies due hereunder and as shown by the invoices or statement submitted to the State Fair within 30 days after such submission. C. Lease of Minnesota State Fair Machinery Hill or a State Fair Building SECTION 1: Leased Premises. a. The State Fair, in consideration of services not charged for, to be received or to be available, under this Agreement, does hereby authorize the lease of the Minnesota State Fair Machinery Hill or a State Fair building, located on the Minnesota State Fair grounds, hereinafter referred to as the "Leased Premises," together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon, provided that notification and any anangements for its use be made with -5- OS- 70� the State Fair's special events coordinator at least 24 hours in advance. SECTION 2: Terms of Lease. a. This lease wiil be available to the City for the duration of this Agreement. b. Nofification - Notification and any arrangements for the use of the Leased Prop- erty is to be made to the State Fair's special events coordinator at least 24 hours in advance. Should notification not be given to the State Fair's special events coordinator accordingly, the State Fair reserves the right to cease aziy training exercise which may be in operation on the grounds. c. tTse of Premises - The City may use and occupy the Leased Premises for the fol- lowing purpose: for SPPD training exercises subject to the availability of the Leased Premises. The SPPD may not use the Leased Premises for any other pur- pose without the prior written consent of State Fair. d. Right of Entry - At all fimes during the term of the Leased Premises, the State Fair shall have the right, by itself, its agents and employees, to enter into and upon the Leased Premises during reasonable business hours to examine and inspect the same, provided that such entry does not interfere with the conduct of official business or compromise security of the SPPD use of the Leased Premises. e. Maintenance and Repairs - State Fair shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, inc]uding but not limited to emergency repairs of any kind; routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, buiiding and other life-safety codes; and ail repairs and maintenance needed to keep the buildings or structures on the Leased Pre- mises in good condirion, including (a) the exterior (including doors, except glass breakage, and windows,) and interior structure of the buildings or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein (d) all electrical, pluxnbing, lighring, mechanical systems, fire suppression equip- ment i.e. fire sprinkler system; and (e) all grounds, fences and roads within the Leased Premises. In addition, the State Fair shall keep the sidewalks bordering on said Leased Premises at all times free from ice and snow. The foregoing obligations shall bind the State Fair regazdless of the cause of the damage or condition necessitating the repair or maintenance. Assignment and Subletting - The City sha11 not assign or sublet this Lease without the written consent of the State Fair, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises. � DS- �o� g. Sunender of Premises - The City, at the expirarion of use of the I,ease Premises, or any sooner termination of this Agreement, shall quit peacefully and surrender possession of said properry and its appurtenances to State Fair in as good order and condition as the property was delivered to the City. h. Destruction - In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for SPPD use due to such damage during the term of this Agreement, the City may at its option: 1) within fifteen (15) days, agree to allow the State Fair to restore the premises within a reasonable time period following the casualty or 2) accept reasonable fair in kind exchange of other premises or costs to the City to gain other equaily compazable premises for its use. i. The City will, at its own expense, repair any injury to the Leased Premises, other than ordinary wear and teaz, that has occurred during the term of the City's use of the Leased Premises. SECTION 3: Rent. a. Rent associated with SPPD's use of the Leased Property will not be accessed and will be considered a fair in kind exchange for SPPD's training of State Fair staff and other associated costs under this Agreement. b. The SPPD will be responsible for any and all costs incurred by the Minnesota State Fair as a result of the usage of the Leased Property, excluding costs that are the result of any omissions or acts of negligence on the part ofthe State Pair, its agents, employees, officials or representarives. These costs include, but not limited to, all property loss and/or damage to State Fair property caused directly or indirectly by the SPPD, its agents, employees, guests, participants or attendees. SECTION 4: Notice. a. All notices herein provided to be given, or that may be given by either Party to the other, shall be deemed to have been fully given when served personally on State Fair or City, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the State Fair at iZ�S S�e ��:wy � w Nothing herein shall preclude the giving of such address change notice by per � sonal service. D. General Terms Applicable to All Aspects of the Entire Agreement. -7- DS-7o6 a. Employees - Any individual performing for the City under this Agreement will be considered an employee of the City, if the individual is a City employee, and a volunteer, if the individual is a City volunteer. All claims that may or might arise under the Worker's Compensation Act of this State on behalf of said employees while so engaged and any and all claims made by any third party as a consequence of any act or omission on the part of said City employees while so engaged in or as a result of any of the work contemplated herein shall be the sole obligation and responsibiliry of the City. The City shall not be responsible under the Worker's Compensation Act for any employees or volunteers of the State Fair. The Parties agree that all persons working on the State Fairgrounds under this Agreement who aze City employees remain City employees and aze in no way employed by the State Fair provided, however, that this clause shall not apply to persons employed d'uectly by the State Agricultural Society. All contracts and agreements made by the City with third parties for the performance of any work to be done under its agreement shall be subject to the terms of this Agreement. b. Tune For Completion - This Agreement, between the Ciry and the State Fair will be for one yeaz, subject to termination by either Party upon a written notice of at least ninety (90). c. Records - As provided by Minn. Stat. 16B.04, all books, records, documents and accounting procedures and practices of the City relevant to this Agreement shall be subject to examination by the Society and the legislative Auditor. Parties agree to maintain all business records in such a manner as will readily conform to tlte tezms of this Agreement and to make such records available at its office at all reasonable times during the Agreement period and for six (6) years from the date of the final payment under the contract for inspection or audit by the City, the State Auditor, or other duly authorized representative. Parties agree to abide strictly by Chapter 13, Minnesota Goverrunent Data Practice Act, and in particular Minn. Stat.§ §13.05, subd. 6 and ll; and 13.37, subd. 1(b) and Minn. Stat.§§ 138.17 and 15.17. All of the data created, coilected, received, stored, used, maintained, or disseminated by the Consultant is subject to the requirements of the Minnesota Govemment Data Practices Act and the Consul- tant must comply with these requirements as if it were a govenunental entity. The remedies in Section 13.0$ apply to the Consuitant. If any provision in this Agreement is in conflict with the Minnesota Govermnent Data Practices Act or other Minnesota state laws, state law shall control. d. Compliance With Applicable Law - Parties agree to comply with all federai, � oS- 706 state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which aze now or hereafter promulgated insofar as they relate to the Party's performance of the provisions of this Agreement. e. Conflict of Interest - The 3tate Fair will not contract for or accept employment for the performance of any work or services with any individual, business, corpora- tion, or govemmental unit that would create a conflict of interest in the perfor- mance of the obligations pursuant to this Agreement with the City. f. Hold Hannless - Each Party agrees that it will be responsible for its own acts and/or omissions in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shali not be responsible for the acts and/or omissions of the other Party and the results thereof. The liability of the City, its employees, officials, representatives and agents shall be govemed by provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et s� And other applicable law. g. Assignment - Each Party each binds itself an its successors, legal representatives, and assigns of such other Party, with respect to all covenant of this Agreement; and neither the City nor the State Fair will assign or transfer their interest in this Agreement without the written consent of the other. h. Amendment or Changes to Agreement - Parties may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in wrifing in advance by both Parties. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the Parties. Modifications or additional schedules, costs, fees or attachments shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The tetm "this AgreemenP' as used herein shall be deemed to include any future amendments, modificaUons, and additional schedules made in accordance herewith. i. Waiver -Any failure of a Party to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this AgreemenYs provisions. j. Survival of Obligarion - If a court or govemmental agency with proper jurisdiction .4� oS- �o� determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the Parties legally, commercially, and practicably can conrinue this Agreement without the temunated provision the remainder of this Agreement shall continue in effect. k. Interpretation of Agreement, Venue - T'his 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 County of Ramsey, Second Judiciai District, State of Minnesota. Force Majeure - Neither Party shall be held responsible for performance if its performance is prevented by acts or events beyond the Party's reasonable control inciuding, but not limited to: acts of God, severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures electri- cal power surges or current fluctuations, nuclear or other civil military emer- gences, or acts of legislative, judicial, executive, or administrative authorities. m. This agreement shall not be construed as a relinquishment by the society of any of its powers or controls over the Minnesota State Fair vested in it by Minnesota Statute Chapter 37. n. Entire Agreement - It is understood and agreed that this entire Agreement super- sedes ail oral agreements and negotiations between the Parties relating to the subject matters herein. IN WITNESS WHEREOF, the Parties hereto aze authorized signatories and have executed this Agreement, the day and yeaz first above written. CITY OF SAT�`T P Finance -10- � , . oS- - 70� � MINNESOTA STATE AGRICULTURAL SOCIETY By: — I Ex c tiv ` � By: Its Operations -11- � � OS-70� � M . � s � � .; a � �� � � r d � U � L V #. • . �. .w . � � � I� s i � � a 0 � � .'1.� � C/. � � � � 0 � � � G O y y .. 6 .+ + , O t�0 Y �y �' IC � � []. � �+� L L F N � F � � O y r � � a � � m � � a o�� �, � C � tC U o ��� �c• W I � � � �f OI tl . � m -D � 5 R � � O ; � � � 3 V Q y � h '✓ c9 � O 61 C a' Y c�i : - � � �L� � U p � R r. "� s t � C y `�SS fi � � V' O '� � U � � � � � v�W�U +-. O � L � U bq F C � � C � � F G �v. U � � U � '� � � w CJ "C w G ` V v �, � � R � � � � w v � ro � � � �1 ��~ Fi W� �i � .0 x W O � C G y y � � � �. U '� N � s. � � � U a. ^ O � a� o �D 3 m ^ L t� y � � b � C 7 0 8{ O U �� � � d � ' o) '. 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