06-615Council File # ���
Green Sheet# 3030934
RESOLUTION
��SAINT PAUL, NIINNESOTA
Presented By:
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Referred To: Committee:Date:
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1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
2 amended agreement with the State of Minnesota. The State of Minnesota wIll continue to reimburse the
3 city for responding to requests for ordnance disposal services from July 1, 2006 through June 20, 2007.
4 A copy of said agreement is to be kept on file and on record in the Office of Financial Services.
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Adopted by Council: Date: �
Adopfion Cerfified by ouncil Secretary:
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Approvedby DaYe: ( ,
By:
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Appr,b d b Ma or for mis ' to Council:
By:
Requested by Department of:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartrneM/office/council: Date Inkiated:
P -Poli�e�,�t o,-��N-� ,; Sheet NO: 3030934
ConWd Person 8 Phone: .."'�Deoartment Serrt To Person InAiallDate
Chief John Harrington � � 0 ti De a [ PoL' De rtment
2665588 ASSign 1 oliceDe artment PoliceDe artment
Must Be on Council /\qenda by (Date): Number 2 ; ttorn ' An e �
F � 3 a or's Office Ma r/Assistant
Routing
Order 4 un ' ouncil
5 i C erk Ci Clerk
6 li De a ent P lice De ent
Totai # of Signature Pages 1 (Clip All Locations for Signature)
Action Requested:
Signatures on the attached council resolurion authorizing tlie City of Saint Paul, Police Department, to erner into the attached
Amended Joint Powers Agreement #02-13582-C with„Che State of Minnesota. The Saint Paul Police Department will continue to
provide ordnance disposal services to other municipal'tri'es:i�ii�in the,State of Minnesota.
Recommenda6ons: Approve (A) or Reject (R): Personal Service CoMrects Must Answer the FolVowing Questions: '
Planning Commission 1. Has this person/firm ever worked under a contract for this departmenY?
CB Committee Yes No
Civil Service Commission 2. Has thi�s,pe[s;qnlfirm ever been a ciTy employee?
, Yes;_�:^ `,
` ' s .,�
, "�3. D'o`es�hls 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
Initiating Problem, Issues, Opportunity(Who, What, When, Where,�Why):
The Sairn Paul Police Department Ordnance Disposal Unit will contimie to dispose of or neutralize bombs or other similar hazazdous
explosives for other municipalities within the'State of Minnesota &om July 1, 2006 through June 30, 2007. For more information
regazding this councii resolution please give Sgt Lazry Rogers a call at 651-266-5768.
AdvanWges If Approved:
The 5aint Paul Police Department will continue to�be reimbursement by the State of Minnesota for ordnance disposal services provided
to other municipalities in the State of Minnesota.
. .. c`�ns, �t.::�- ,. _ - �
� �isadvantages IfAPnroved: . ".i�v.ia-'r,��i'�. = �v_:� .
None.
Qisadva�tages If Not Approved:
The Saint Paul Police Department will discontinue providing otdn�tce.clisposal services to other municipalities throughout the State of
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, TotalAmountof See attached CosURevenueButlgetetl:
' Transaction: -
Funains� source: State of Minnesota ActiviN Nufnber:
F nancial I nformation: � �
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t1MENDMENT i# 1 TO CFMS CONTRACT # A75462
Contract Start Date: 7ulv 1. 2005
Original Contract Expuation Date: 7une 30. 2007
Ciscent Contract Espiration Date: 7une 30. 2Q07
Tfiis Amendment Requested Revised Contract Ea�iration Date: 7une 30. 2007
To5a1 ConSrnct Amonnt: �54.000.00
Ociginal Contrnct: $27.000.00
Previous Amendment(s) Total: $0_00
Tlvs Amendment: $27.000.00
This amendment is by and between the State of Minnesota, through its Commissioner of Public Safety, Division of
Homeland Security and Emergency Management ("State")'and the City of St. Paul, St. Paul Police Department
("Govemmental UniY').
Recitals
1.
2.
3.
The State has a jo�nt powers agreement with the Governmental Unit idenfified as CFMS Contract Number A75462
("Original Conh in order to reimburse State approved bomb disposa3 unit for reasonable expenses incuired
providing services under the Original Contract.
This amendment is needed to increase the total dollar amount of the contract and the total dollaz arnount available for
reimbursement to the Goveinmental Unit during each state fiscal year of this conh act.
The State and the Govenimental Unit are willing to amend the Original Contract as stated below.
Contract Amendment
In this Amendment deleted contract terms witl be struck out and the added contract terms will be underlined.
REVISION 1. Clause 3. ,Sechon 3.1 is amended as foilows:
1 The State will reimburse the Govemmental Unit no more than �3388:88 $27,000.00 from 7uly 1, 2005 tt�rough
June 30, 2006, and an additional �l-3 $27,000.00 from 7uly 1, 2006 ttsough June 30, 2007, for
Govemmental UniY s bomb disposal unit responding to calls as specified under Clause 2 of this agreement, and in
accordance with the fol2owing:
(a) The Govemmental Unit will be reiznbursed at a flat rate of $175.00 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.
(c) Funds not expended by the Govemmental Unit during the first state fiscal year of this agreement will be
canceled and re-established in the following state fiscal yeaz of this agreemeni.
REVISION 2. Clause 3. ,Section 3.2, Last Sentence is amended as follows:
The total obligation of the State for all reimbursement to the Govemmental Unit under this agreement will not exceed
�899-99 $54,OQ0.00.
Page i of2
��a-f�s�a—e�
CFMS Contract No. A75462
STATE OF NIINNESOTA
30INT POWERS AGREEMENT
D� ��`.�
Tbis agreement is beiween the State of Minnesota, acting through its Commissioner of Public SafeTy, Division
ofHomeland Security and Emergency Management ("State") and the City of St. Paul, St. Paul Police
Department{"Governmental UniY').
Recitals
Undez Minn. Stat. § 471.59, subd_ 10, and Minn. Stat § 299C.063, subd. 2 and 3, the State is empowered to
engage such assistance as deemed necessary and enter into agreements with bomb disposal units, and to
reimburse State approved bomb disposal units for reasonable expenses incurred providing services under this
agreement.
Agreement
Term of Agreement
11 Effective dafe: July 1, 2005, or the date the State obtains all required signahxres under Minnesota
Statutes Section 16C.05, subdivision 2, whichever is later.
12 Expiration date: June 30, 2007, or until all obligations have been satisfactorily fixlfilled, whichever
occurs first.
Agreement between the Parfies
2.1 Definitions: The terms used in this agreement have the meaning a ven them in Minn. Stat. § 299C.063,
subd. 1:
{a) "Bomb disposal uaiY' means a commissioner-approved unit consisting of persons who are trained
and equipped to dispose of or neutralize bombs or other similar hazardous eaplosives and who are
employed by a municipality.
(b) "Commissioner" means the commissionez of public safety.
(c) "Municipalit}�' has the meaning given it in secrion 466.01.
(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 I3nited States Code, title 18, chapter 40.
(e) Geographic jurisdiction" means the corporate limits of the Governmental Unit.
2.2 Govemmental Unit wiil provide the following services when responding to calls:
(a) Govemmental 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) Govemmental Unit will only invoice the State for expenses incurred while providing bomb disposal
unit services outside its geographic jurisdiction for another municipality or othenvise outside the
jurisdiction of the employer-murucipality but within the state. Expenses incurred and invoiced to the
State will be set at a flat rate of $175.00 per hour. Should the Government Unit have a contract with
another entity other than the State for these services, the Govemmental Unit wiil not invoice the
State for services covered by that contract.
(c) A set flat rate of $175.00 per hour for expense reimbursement to the Governmental Unit is inclusive
of the bomb squad unit and all services provided.
Join[ Powers Ageement (Rev. i Z/00)
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CF'MS Contract No. A75462
(d) Governmental Unit will provide reports to the State's Authorized Representative at least quazterly,
but not more o8en than monthly using a reporting format approved by the State. Reports must
include a brief outline of services provided and costs incurred. This report must be submitted to the
State's Authorized Representative with invoice for expense reimbursement.
Payment
3.1 The State will reimburse the Govemmental Unit no more than $13,500.00 from July 1, 2005 through
June 30, 2006, and an additional $13,500.00 from July 1, 2006 through June 30, 2007, for Govemm.ental
UniYs bomb disposal unit responding to calls as specified under Clause 2 of this agreement, and in
accordance with the following:
(a) The Govemmental Unit will be reimbursed at a flat rate of $175.00 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_
(c) Funds not expended by the Govemmental Unit during the first state fiscal yeaz of this agreement will
be canceled and re-established in the following state fiscal year of this agreement.
3.2 The State will make payments to the Governmental Unit promptly after the Governmental UniYs
presentation of invoices for services performed, and acceptance of such services by the State's
Authorized Representarive 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 least quarterly, but not more often than monthly and
�)
(c)
witlun 30 days of the period covered by the invoice for wozk performed. Final invoice for the first
state fiscal yeaz of this agreement must be received no later than July 31, 2006. Reimbursement
from the second state fiscal yeaz may commence on or after 7uly 1, 2006. The final invoice
pertaining to the second year of this agreement must be received no later than July 31, 2007.
Expenditures of each state fiscal year of this agreement must be for services performed within
applicable state fiscal year and within the terms of this agreement.
Funds specified for the second state fiscal year of this agreement may not be expended until July l,
2006 and may oniy be eacpended for services provided in the second state fiscal year of this
agreement (July 1, 2006 though 7une 30, 2007).
The total obligation of the State for all reunbursement to the Govemmental Unit under this a�eement will not
exceed $27,000.00.
4 Authorized Representatives
The State's Authorized Representative is Gary Hendrickson, Hazardous Materials Administrator, 444 Cedaz
Street, Suite 223, St. Paul, MN 55101-6223, (651) 215-6946, or his/her successor or designee.
The Govemmental UniYs Authorized Representative is Sergeant Larry Rogers, city of St. Paul, St. Paul
Police Department 367 Grove Street, St. Paul, MN 55101, (651) 291-ll 11, or his/her successor or designee.
Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. The Govemmental 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 execixted and approved this agreement, or their successors in
office.
Joint Powers Ageement (Rev. 1 Z/00)
Page 2 of 4
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CFMS Contract No. A75462
5.2 Amendments. Any amendment to tlus agreement must be in writing and wiii 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.
5.3 Waiver. If the State faiis to enforce any provision of ttus agreement, that failure does not waive the
provision or its right to enforce it.
5.4 Cotttract Complefe. T'�is agreement contains all negotiations and a�eements between the State and the
Govemmental Unit. No other understanding regarding this agreement, whether written or oral, may be
used to bind either pariy.
Liability
Each party will be responsible for their own acts and the results thereof. The Municipal Tort Claims Act,
Minnesota Statutes, Chapter 466 govems the Governmental UniY s liability. Minnesota Statutes sections
3.732 to 3.736 and section 176.192 govem the State's liability. A member of the Governmental UniYs
bomb disposal unit approved by the Commissioner of the Deparhnent of Public Safety and employed by the
Governmental Unit is considered an employee of the State when engaged in the disposal or neu�alization of
bombs or other similar hazazdous explosives, as defined in section 299C.063 outside the jurisdiction of the
municipality but within the state for the purpose of the Minnesota Tort Claims Act, Minnesota Statutes
3.732-3.736. This clause shall not be construed to baz any legal remedies the Govemmental Unit may have
for the State's failure to fulfill its obligarions pursuant to this agreement
The Governmental UniY s geographic jurisdiction is defined as follows: For purposes of this agreement, the
Govemmental UniYs normal geographic jurisdiction is the corporate limits of the city of St. Paul,
Minnesota.
7 Workers' Compensation
The Governmental Unit certifies that it has complied with the warkers' compensation requirement of
Minnesota Statutes Section 176.181, subd. 2. Notwithstanding Clause 6 of this agreement, a member of the
Govemmental UniYs bomb disposal nnit approved by the Commissioner of the Department of Public Safety
and employed by the Govemmental Unit is considered an employee of the Aeparhnent of Public Safety
solely for the purposes of Minnesota Statutes Chapter 176 relating to workers' compensation when
disposing of or neutralizing bombs or other similaz hazazdous explosives, as defined in section 299C.063
outside the jurisdiction of the Govemmental Unit.
The Governmental UniY s geographic jurisdiction is defined as follows: For purposes of this agreement, the
Govemmental UniYs normal geographic jurisdiction is the corporate limits of the city of St. Paul,
Minnesota.
S State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Govemmental UniYs books, records, documents, and accounting
procedures and practices relevant to this agreement are subject to exaniinarion 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 Governmental L3nit 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 Governmental Unit under this
Joint Powers Ageement (Rev. 12/00)
Page 3 of 4
06 6/
CFMS Contract No. A75462
agreement. The civil 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.
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 jurisdiciion in Itamsey County, Miunesota.
11 Termination
11.1 Terminatiore. 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.
11.2 Termination fnr Insufficient Funding. The State may immediately terminate this a�eement if it does
not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be
continued at a level sufficient to allow for the payment of the services covered here. Terniination must be
by written or fas notice to the Governmental Unit. The State is not obligated to pay for any services that are
provided after notice and effective date of temiination. However, the Govexnmental Unit will be entitled to
payxnent, determined on a pro rata basis, for services satisfactorily performed. The State will not be
assessed any penaity 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 Govemmental Unit notice of the
lack of funding within a reasonable time of the State's receiving that notice.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifzes that funds have beers encumbered as required by
Minn. Siat. §§ 16 . and 16C.05.
Signed:
Date: G.���
CFMS Contract No. A75462
2. GOVERNMENTAL LJNIT
The Govemmental Unit certifies th ''' a ''' t ppp t}
exewted the contract on behatf of�(
applicabie�ticles, bylaws, re�olu ns
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Title:
Date:
of Police
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appropriate person(s) have
vemmental Unit as requ�red by
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Jomt Powers Agreemrnt (Rev. 12l00)
3. STATE AGENCY
By:
� (with del d authority)
Title: �,/��'"�:.'��
Date: � �� —'��
4. COMNIISSIONER OF ADNIINISTRATION
delegated to Materials Management Division
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