06-122Council File #
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By:
Referred To:
Green Sheet #
Committee:Date:
O�-�aa
3029521
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RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
agreement, which includes an indemnificarion clause, with the State of Minnesota to train State employec
(MN DO'1� on Incident Response to Terrorist Bombing. The training will be held at State-Saint Cloud
Training & Conference Center, Februrary 7, 8& 9, 2006 from 1:30p.m. - 4:30p.m. (tentative dates).
A copy of said agreement is to be kept on file and on record in the O�ce of Financial Services.
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Benanav
Harris
Thune
Adopted by Council: Date:
Adoption
By: �
By:
Absent
✓
✓
Secretary:
Date: Appro by or for Submission to Council:
By:
Q:\Fiscal�AO&C R\C RSTAND.xIs
Requested by Department of:
� Green Sheet Green
Sheet Green Sheet Green Sheet Green Sheet Green Sheet
1��0-1��
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DepartmenUoffice/council: Date Initiated:
PD — PaliceDepaztment 2CrJAN-06 Green Sheet NO: 3029521
CoMact Person 8 Phone• Deoartment Sent To Person Inkial/Date
Chief John Harrington � 0 0l' D artineot Police De artment
2665588 Asgign 1 o6ce De artment De artment Director
Must Be on Council Agenda by (Date): Number Z ; pttorne Ci A ome
For
Routing 3 a or's Office Ma or/Assistant
Ortler 4 ouncil C ancil
5 i lerk Ci Clerk
6 oli e De n P lice D artment
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Si�atures on the attached resolution authorizing the City of Saint Paul, Police Department, to enter into the attached agreement with
the State ofMinnesota.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions:
Planning Commission �. Has this person/firm 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/frtn possess a skill not normally possessed by any
curzent 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 Saint Paul Police Department will be providing 2 1/2 hours iraining sessions to State employees (MN DOT) on Incident Response
to Terrorist Bombing (tentauve dates are Februrary 7, 8& 9, 2006). The iraining will prepaze the employees to respond to threats and
detection of explosives. For more information regazding this council resoluuon please give Sr. Cdr Matt Bostrom a call at 651-266-57?
AdvantapeslfApproved:
The Police Deparhnent will receive revenue and enhance security at the State level.
DisativantageslfApproved:
None.
Disadvantages If Not Approved:
Missed opportuniry of revenue. State employees will not receive training.
Total Amount of
Transaction ��� CosURevenue Butlgetetl:
Fundiny source: State of Minnesota Activity Number: 436-34117
Financial I nfortnation:
(Explain)
. . ' , � ,�i's.
Mn/DOT Agreement No. 89170
CFMS Contract No. A84865
STATE OF MINNESOTA ���/��
AGREEMENT FOR TRAINING SERVICES
State Project Number (SP): N/A Trunk Highway Number (TI�: N/A
Project Identification: incident Response to Terrorist Bombing Training: Minnesota Connecrion
This Ageement is between the State of Minnesota, acting through its Commissioner of Transportation
("State") and City of Saint Paul, Finance Treasure Division, 367 Grove Street, Saint Paul, Minnesota,
55101 ("Governmental UniY').
Recitals
1. Under Minn. Statutes § 15.061 State is empowered to engage such assistance as deemed necessary.
2. Minnesota Statutes §, 471.59 authorizes State and the Govemmental Unit to enter into this Agreement.
3. State is in need of Governmental Unit to provide tv✓o hour and one half hour (2 '/z) Addition to the
Incident Response to Terrorist Bombing Training Prog�am which was taught by the New Mexico
Energetic Materials Research and Testing Center.
Govemmental Unit will present the following: 1) Demonstrate actual, inert explosive devices or
facsimiles of such devices, and 2) Discuss history and frequency of explosive devices in Minnesota
and share any pertinent stories of their personal experiences with explosive devices.
4. The Govenunental Unit represent that it is duly qualified and agrees to perform all services described
in this Agreement to satisfaction of State.
Agreement
1 Term of Agreement
1.1 Effective Date: The date State obtains all required signatures under Minnesota Statutes Section
16C.05, subdivision 2, whichever is later.
1.2 Expirarion Date: July 31, 2006 or until all obligarions have been satisfactorily fulfilled,
whichever occurs first.
13 Survival of Terms: The following clauses survive the expiration or tennination of this
Agreement: 6— Liability; 7— State Audits; 8— Govermnent Data Practices; 9— Intellectual
properry; 10 — Venue.
1.4 Eshibits: Exhibits A and B are attached and incoiporated into this Agreement.
Scope of Work and Deliverabies
2.1 The Govemmental Unit will:
Z.1.1 State is in need of Governmental Unit to instruct a two hour and one half hour (2 '/�)
"Addirion to the Incident Response to Terrorist Bombing Training Prograrim" as taught by
the New Mexico Energetic Materials Reseazch and Testing Center.
Govemmental Unit will present the follocving: 1) Demonstrate actual, inert explosive
devices or facsimiles of such devices, and 2) Discuss history and frequency of explosive
devices in Minnesota and shaze any pertinent stories of their personal experiences with
explosive devices. The date of training will be determined by State's Proj ect Manager and
the Governmental Unit. The tentative training dates will be February 7, 8& 9, 2006, from
1:30pm, to 4:30pm., at State-Saint Cloud Training & Conference Center, 3725 12'" Street
North, Saint Cloud, Minnesota, 56303.
2.1.2 See E�ibit A for Detailed Course Outline and Deliverables.
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, ' m � Mn/DOT Agreement No. 89170
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2.13 State's Project Manager has the authority to update / adjust project start date as necessary
'/ within the terms of the Agreement. The iraining may be rescheduled by mutual agreement
` of the parties if unforeseen circumstances arise, but such rescheduled training must occur
prior to the Expirarion Date of this Agreement.
Payment
3.1 Consideration. State will pay for all services performed by the Govemmental Unit under this
Conlzact as follows:
3.11 Compensation State will pay the Govemmental Unit a Lump Sum of $2,000.00 upon
completion of the Incident Response to Tesorist Bombing Training: Minnesota
Connection.
3.1.2 Total Obligation The total obligation of State for all compensarion and reimbursements
to the Govemmental Unit will be $2,000.00.
3.13 Tnvoices State cvill promptly pay the Govenmiental Unit after the Govenunental Unit
presents an itemized invoice for the services actually performed and State's Authorized
Representative accepts the invoiced services. The Govemmental Unit will submit One
Invoice after completion of service in the format prescribed in Eachibit B when submitting
the Invoice.
3.1.4 Federai funds. If federal funds aze used the Govenunental Unit is responsible for
compliance with all federal requirementa imnosed on these funds and accepts full financial
responsibility for any requirements imposed by Govemmental UniY s failure to comply
with federal requirements.
Authorized Representatives
4.1 State's Authorized Representative wili be:
Calvin C. Robinson, Consultant Contracts Administrator
Minnesota Department of Transportation
Consultant Services Section, 7�` Floor North
395 7ohn Ireland Boulevazd, Mail Stop 680
Saint Paul, Minnesota 55115-1899
Telephone: (651) 296-3051
Fax: (651) 282-5127
E-Mail: calvin.robinson�a dot.state.mn.us
State's Authorized Representarive, or his successor, wi11 monitor Govemmental UniYs performance and
has the authority to accept or reject the services provided under this Agreement.
4.2 State's Project Manager will be:
Susan Walto, Homeland Security & Emergency Management Planner
Office of Homeland Security of Homeland Security & Emergency Management
Minnesota Department of Transportarion
395 7ohn Ireland Boulevazd, Room G-28, Mail Stop 400
Saint Paul, Minnesota 55115-1899
Telephone: (651) 297-7183
Fax: (651) 282-5247
E-Mail: susan.walto@dot.state.mn.us
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Mn/DOT Agreement No. 89170
State's Project Manager, or her successor, has the responsibility to monitor Govemmental UniYs �" /��
performance and progress. State's Project Manager will sign progress reports, review billing statements,
make recommendations to State's Authorized Representarive for acceptance of GovemmentaI UniYs goods
or services and make recommendations to State's Authorized Representarive for certificarion for payment
of each Invoice submitted for payment.
43 Govemmental UniYs Authorized Representarive will be:
L,awrence R Rogers, Bomb Squad Division
(Ciry of Saint Paul, Police Departrnent)
367 Grove Street
Saint Paul, Minnesota, 55101
Phone: (651) 266-5768
Fax:(651)266-5706
E-Mail: larrv.ro¢ers(c� ci. stpaulnui.us
5 Assignment, Amendments, Waiver and Contract Complete
5.1 Assignment Governmental Unit may neither assign 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 agreement, 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 who executed and approved the
Original Agreement, or their successors in office.
53 Waiver. If State fails to enforce any provision of this Agreement, that failure does not waive the
provision or its right to enforce it.
5.4 Contract Completa This Ageement contains all negotiations and agreements between State and
Govemmental Unit. No other understanding regazding this agreement, whether written or oral,
may be used to bind either party.
Liability
6.1 Govemmental Unit will indemnify, save and hold State, its agents and employees hannless from
any negligence claims or causes of action, including attorney's fees incurred by State, arising from
the performance of this Agreement by Govemmental Unit or Goveininental Unit's agents or
employees only to the maacimum lixnits of its municipal tort liability limits set forth in Minnesota
Staxutes §466.01 et. seq. and any indemnifications made by the Governmental Unit under this
Agreement aze accordingly govemed and limited. This indemnification will not be construed as a
waiver of the municipal tort liability limits set forth in Minnesota Statutes §466.01 et. seq. This
clause will not be conshved to baz any legal remedies Governmental Unit may have for State's
failure to fulfill its obligations under this Agreement.
6.2 Governmental Unit may provide course handouts or other materials to the State pwsuant to this
Agreement. The parties agee that all such materials aze provided "as is" and without any warranty
or representadon as to their accuracy and completeness. Certain informaflon deemed security
sensitive by the Govemuiental Unit may be omitted or redacted from such materials, and the
Govemmental Unit will have no continuing obligation to update or supplement such materials.
The Governmental Unit is providing such materials only for the purposes of the training covered
by this Agreement.
Any subsequent reuse of such materials by the State will be solely at the State's risk, and the
Govemmental Unit will not be liable for any claim arising in any manner from the State's
subsequent reuse of such materials.
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Mn/DOT Ageement No. 89170
�G�'/��
7 State Audits
7.1 Under Miim. Stat. § 16C.05, subd. 5, Goveinmental UniYs books, records, documents and
accounring procedures and practices relevant to this Agreement aze subject to examination by the
State and/or State Auditor or Legislarive Auditor, as appropriate, for a minimum of siY yeazs from
the end of this Agreement.
Government Data Practices
8.1 Governmental Unit and State must comply with the Minnesota Govemment Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data provided by State under this Agreement, and as it
applies to all data created, collected, received, stored, used, maintained or disseminated by
Governmental Unit under tlus Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the
release of the data referred to in this clause by either Govemmental Unit or State.
Intellectual Property Rights; No Endorsement
9.1 Intellectual Property Rights. The Govemmental Unit will retain all intellectual properry rights in
works and documents created by it. The Governmental Unit hereby grants to the State a license to
use, for its intemal purposes, the items specified as "Course Materials" in paragraph IV, D& E of
Exhibit A. The information included in the Goveminental UniYs deliverables will be such
informarion as is deemed to be relevant and useful by the Govemmental Uxrit as the time of its
creation. The Govemmental Unit is under no continuing duty to provide the State with updates,
revisions, or addenda.
9.2 No Endorsement
State will not state or imply that any reuse of the licensed materials by State is endorsed, approved,
recommended, reviewed, or otherwise sanctioned by the Govemmental Unit.
10 Venue
Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination State or the Commissioner of Adnunistration may terminate this Contract at any
time, with or without cause, upon 30 days' written notice to the Govemmental Unit.
11.2 Terminafion for Insufficient Funding. State may immediately ternunate this Contract if it
does not obtain funding from the Minnesota Legislature, or other funding source; or if funding
cannot be conrinued at a level sufficient to allow for the payment of the services covered here.
Tem�inarion must be by written or fax notice to the Govemmental Unit. State is not obligated to
pay for any services that aze provided after norice and effecfive date of temuna5on. However,
Governmental Unit will be entitled to payment, determined on a pro rata basis, for services
sarisfactorily performed to the extent that funds aze available. State will not be assessed any
penalty if the agreement is temunated because of the decision of the Minnesota Legislature, or
other funding source, not to appropriate funds. State must provide Governmental Unit norice of
the lack of funding within a reasonable time of State's receiving that notice.
12 Additional Provisions
None
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Mn/DOT Agreement No. 89170
�(�-/a�-
STATE ENCUMBRANCE VERIFICATION
Individual cenifzes that funds have been encum6ered as
required by Minn. Stat.,¢,¢ 16A.15 and 16C.05.
STATE AGENCY
�
(with dele�ated authority)
Date:
CFMS Contract No. A84865
GOVERNMENTAL UNTT*
Govemmental Unit certifies that the appropriate person(s)
have executed the Ageement on behalf of Govemmental Unit as
required by applicable articles, bylaws, resolutions or
ordinances.
COMMISSIONER OF ADNIINIS'I'RATION
As delegazed to Materials Maaagement Division
�
Date:
�
Date:
�
*INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT
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Mn/DOT Contract No. 89170
E�ibit A
Detailed Course Outline and Deliverables
State is in need of Governmental Unit to instrnct a two honr and one half honr (2 '/:)
training entitled: "Addition to the Incident Response to Terrorist Bombina Training
Program," as tanght by the New Me�co Energetic MateriaLs Research and Testing
Center."
I. Course Seriin¢s
a. Site of Training Facility
• State-Saint Cloud Office & Training Center
3725 12`� St. North Saint Cloud, Minnesota 56303
b. Course Dates
• Februazy 7�', 8�, and 9� 2006, from 1330 hours until 1600 hours
TI. Course Objectives
a. Governmental Unit will describe the duties and capabilities of the Bomb Squad
to State employees.
b. Governmental Unit will described Bomb Squad (non-classified) briefings to State
employees on local trends and incidents involving energetic materials.
• Contractor will be briefed on local groups associated with bombings.
a State employees, at the conclusion of this module, will be able to recognize and
idenrify conventional energetic materials (explosives).
d. State employees will be able to describe the hazards associated with conventional
energeric materials and initiation systems.
• State employees will understand how explosives can be concealed in
various seemingly benign packages.
III. Outline
a. Phase I
• Lect�se
b. Phase II
• Demonstrations
• Training Aid/Device Recognition
IV. Course Materials
a. Handouts
b. Visual Aids
c. Inert IED's
d. Conventional Explosives
e. Bomb Squad Equipment
THE BALANCE OF TffiS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
Ol��l��
Mn/DOT Confract No. 89170
Exhibit B
Invoice
CFMS Conffact No. A 84865
INVOICE NO.
To: Consultant Services Unit
Minnesoh Deparm�ent of Transportarion
Consultant Services, Mail Stop 680
395 John Ireland Boulevazd
Saint Paul, Minnesota 55155-1899
Estimated Completion:
Period Bnding:
lnvoice Date:
Copy. Susan Walto, Project Manager
Minnesota Department of Transportation
Office of Homeland Security & Emergency Management
396 John Ireland Boulevazd, Mail Stop 400
Saint Paul, Minnesota 55155-1899
Re: Mn/DOT Coniract No. 89170
Contract Expiration Date: Suly 31, 2006
Project Description: Incident Response to Teaorist Bombing Training
SP Number: N/A TH Number: N/A
Total Total
Con4act Billing
Amount to Date
1. Lump Sum Amount:
Activity Total Amount Billed This
Code Billing to Previously Invoice
Dafe Billed
6275
Total*
Must Match Net Earning Total Above
For Consultant Seivices Use Only
Total Amount
Amount
Previously
Billed
Tlris Invoice:
I certify that the above statement is coxrect
has not been received.
Signahse: _
Print Name:
Title:
%
Billed
This
Invoice
payment
Address: City of Saint Paul Minnesota
Finance Treasury Division (General Acct)
Attn: Rhonda Gillquist
367 Grove Sheet
Saint Paul, Minnesota 55101
Telephone:651-266-5544
Approved for Payment: by Proj ect Manager
Reviewed by Consultant Contracts Adminisuator
Date:
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Calvin C. Robinson