06-643Council File #
Green Sheet #
Presented By:
Referred To:
�OLUTION
OF AINT PAUL, NIINNESOTA
a� �
3031109
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Committee:Date:
1 BE IT RESOLVED, that the City council authorizes the City of Saint Paul, Police Department, to enter
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 agreement is to be kept on file and on record
4 in the O�ce of Financial Services.
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Yeas Nays Absent Requested by Department of: ,
Benanav
Bosirom
Hanis
Police
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Thune
Adopted by Council: Date:
Adopfion Certified by
BY� ��i
Approved
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Secretary:
by City
Approved b yor for Submission to Council:
By' ��t�
Q:\Fiscal W O&CR�2006\StateFaiccr.2006.x1s
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
D� 6�3
DepartmeM/office/council: Date Inkiated:
PD — policeDepartment Z,.,�N� Green Sheet NO: 3031109
Contact Person 8 Phone• DeoartrneM Sent To Person InitiallDate
Chief John Hartington � 0 tice De a en[ P u De artment
266-558a ASSign 1 oGceDe a ent De artnentDirector
Must Be on Council Agenda by (Date): Number z ' pttome Ci Attom �
C dil.��fi i—�Z_Q For
ROUting 3 avor's Office Ma odAssistant
Ordef 4 ouncil Council
5 itv Clerk Ci Clerk
6 olice De a eut Police De a ent
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Deparhnent, to enter irno the attached joint
powexs agreement with the Minnesota State Agriculhual Society "State Fair".
Recommendations: Approve (A) or Reject (R): Personal Service Contrads Must Mswer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm 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
Initiating Problem, Issues, Opportuniry(Who, What, When, Where, Why):
The Saint Paul Police Department will provide various police services for the State Fair during the period as described in the attached
agreement. For more information regazding this council resolution please give Cdr Eugene Polyak at 651-266-5564.
AdvantageslfApproved:
In retum for services provided, the City of Saint Paul will receive payments &om the State Fair as descrlbed in the agreement.
DisadvantaAeslfApproved:
None.
Disadvantages If Not Approved: � -
Lost of revenue to the City of Saint Paul.
�1UiS 2'ti 'LUUo
F�l
Total Amount of E' �
Transaction: CosURevenue 8udgeted:
Funding Source: Minn2SOt8 St8i2 Activity Number:
Financial Information: Ag(ICUItufBl SoClety G`�,E?n�j; �Q����'�`�y �Ay�{��°
(Explain) � State Fair" �
JUL 0 3 2006
C� �-L��f3
AGREEMENT
THIS 30INT POWERS AGREEMENT, dated this between
the CTTY OF SAINT PAUL, Minnesota hereinafter referred to as"City" and the MINNESOTA
STATE AGRICliLTURAL SOCIETY, hereinafter referred to as "State Fair", both polirical
subdivisions within 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 State Fair, agree as follows:
THAT PURSUANT TO TffiS AGREEMENT, IN CONSIDERATION OF THE
MUTUAL TERMS AND CONDITIONS, PROMISES, COVENANTS, AND PAYMENTS
HEREINAFTER SET FORTH, IT IS MUTUALLY AGREED BY AND BETWEEN 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 the 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 time; and
C. The State Fair will lease the use of Minnesota State Fair Machinery Hill or a State
Fair building 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 services year azound, pursuant to this Agreement, 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: Scope of Services.
City's responsibilities:
a. The City will provide traffic direction, crowd control, parking enforcement and
general police sarvices during preparation and operation of the State Fair and
specifically will provide the services at the following St. Paul intersections:
Snelling and Como, Snelling and Midsvay P�*kway, Snel!ing
and Hoyt, and positions on Como from Canfield to Snelling.
b� ��
b. The Ciry will provide general police services, pazking enforcement, and traffic
and crowd control at other intersecrions and areas which may become affected by
the State Fair, if these services aze deemed necessary by the City's officer in
charge 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 record keeping. The City
will provide a sufficient number of complaint numbers 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 pwposes pursuant to the Minnesota Govemment 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
and/or coordinated of criminal investigation services necessary to complete any
then active criminal investigation.
g. The City will provide the State Fair with six (1-van 5-sqds) St. Paul Police
Department (°SPPD") marked patrol vehicles, to include radios, red lights and
sirens. These vehicles will be provided for a 31 day period during the State Fair.
h. The City will provide the State Fair Police with a radio control station capable of
being wired into the State Fair radio transmitter, to facilitate radio
communications between the SPPD and the State Fair Police. This wili aliow 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 will be subject to serious police emergency calls for service andlor
activation of any Tactical Alert throughout the city if the need arises. Officers
may be called away from service under trus Agreement for duties not related to
this Agreement. The SPPD may defer responding to or perform for the State Fair
under this Agreement in deference to providing essential police services to the
City of Saint Paul without penalty of liability of any kind, but will respond or
renew performance when feasible to do so.
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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 criminal cases generated from the State Fair.
SECTION 3: Billings and Payment.
a. 'I'he 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 (not to exceed the 10 year tate)
plus regular fringe benefits, plus overtime fringe benefits, for a parking
enforcement officer, police officer, sergeant, and commander as found in the
current Saint Paul Police Federation Contract. Total of which shall not exceed
$152,455.00
The State Fair shall reimburse the City of Saint Paul Police Deparhnent for officer
services in this Agreement according to the certified hourly wages of such police
officers. The certification of the City services shail include the name and rank of
each police officer and the hours of assignment in vehicular 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
patzol vehicles at a rate of Thirty dollars ($30) 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) conducting the investigation.
e. The costs associated 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 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.
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Costs associated with SPPD training of State Fair staff and other associated costs
under this Agreement will not he 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 traiuing exercises subject to notice and availability.
B. Non-Minnesota State Fair Time Services
Because the State Fair Police are not actively engaged in full-time law enforcement 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 responsibiliries:
a. The City agrees to provide general law enforcement services to the general area of
the Minnesota State Fair grounds. These services will include routine police
patrolling consistent with the assignment of police officers and squads to the
general azea of the Minnesota State Fair grounds. It is understood roufine
patrolling will include general traffic supervision and building surveillance.
b. 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.
a The City will provide criminal investigation services necessary far any criminal
cases generated from or on State Fair grounds during non-Minnesota State Fair
time.
d. The City will provide crime laboratozy services for State Fair Police cases
occurring during the non-Minnesota State Fair time.
e. The City will authorize the appropriate staff of the State Fair to communicate on
the same police radio frequency as the SPPD utilize in its Western District. The
city wiil provide radio training, inshuctions, 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.
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.
Ole -C��3
SECTION 2: Billings and Payment
a. Costs associated with SPPD general law enforcement services, under Section B of
this Agreement, will not be assessed 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 investigarions 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 wil] be
pursuant to the attached fee schedule, Attachment A.
£ 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 non-Minnesota State Fair time and shall prepare 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 ar to be
available, under this Agreement, does hereby authorize the lease of the Minnesota
5tate Fair Machinery Hill or a State Fair building, located on the Minnesota State
Fair grounds, hereinafter refeired 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 arrangements far its use be made with
the State Fair's special events coordinator at least 24 hours in advance of such use.
SECTION 2: Terms of Lease.
a. This lease wiil be available to the City for the duration of this Agreement.
b. Notification - 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
�le-(��3
advance. Should norification not be given to the State Fair's special events
coordinator accordingly, the State Fair reserves the right to cease or interrupt any
training exercise which may be in operarion on the grounds.
c. Use 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 times 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 far ali repairs, maintenance and upkeep of the Leased Premises,
including 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, building and other life-safety codes; and all repairs
and maintenance needed to keep the buildings or structures on the Leased Pre-
mises in good condition, 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, plumbing, lighting, 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.
f. Assignment and Subletting - The City shall 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.
g. Surrender of Premises - The City, at the expirarion of use of the Lease Premises,
or any sooner terxnination of this Agreement, shall quit peacefully and surrender
possession of said property and its appurtenances to State Fair in as good order
and condition as the property was delivered to the City.
h. Destruc6on - In the event of damage to or destruction of the Leased Premises ar
6�-���
in the event the premises becomes unusable 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 equally compazable premises for its use.
i. T'he City will, at its own expense, repair any injury to the Leased Premises, other
than ordinary wear and tear, that has occurred during the term of the Cit}�s use of
the Leased Premises.
SECTION 3: Rent.
a. Rent associated with SPPD's use of the Leased Properry 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 incuned 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 of the State Fair, its
agents, employees, officials or representatives. These costs include, hut 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 Pariy 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 1265 Snelling
Ave. N. St. Paul, NIN. 55108. Nothing herein shall preclude the giving of such
address change notice by personai service.
D. General Terms Applicable to All Aspects of the Entire Agreement.
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 empioyees while so engaged in or
as a result of any of the work contemplated herein shall be the sole obligation and
responsibility of the City. The City shall not be responsible under the Worker's
d�����
Compensation Act for any employees or volunteers of the State Fair.
T'he Parties agree that all persons working on the State Fairgrounds under this
Agreement who are City employees remain City employees and are in no way
employed by the State Fair provided, however, that this clause shall not apply to
persons employed directly 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 sub}ect to the terms of this Ageement.
b. Time For Completion - This Agreement, between the City and the State Fair will
be for one year, subject to termination by either Party upon a written notice of at
least ninety (90) days.
c. Records - As provided by Minn. Stat. 16C.05. subd. 5 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 the terms 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 representafive.
Parties agree to abide strictly by Chapter 13, Minnesota Government Data Practice
Act, and in particular Minn. Stat.§ §13.05, subd. 6 and 11; and 13.37, subd. 1(b)
and Minn. Stat.§§ 138.17 and 15.17. All of the data created, collected, received,
stored, used, maintained, or disseminated by the State Fair is subject to the
requirements of the Mixnesota Government Data Practices Act and the State Fair
must comply with these requirements as governmental entity. The remedies in
Section 13.08 apply to the State Fair. If any provision in this Agreement is in
conflict with the Minnesota Government Data Practices Act or other Minnesota
state laws, state law shall control.
d. Compliance With Applicable Law - Parties agree to comply with all federal,
state, and local laws ar ordinances, and all applicable rules, regulations, and
standards established by any agency of such governmentai units, which are now or
hereafter promulgated insofar as they relate to the Party's performance of the
provisions of this Agreement.
e. Conflict of Interest - The State Fair will not contract for or accept employment for
the performance of any work or services with any individual, business, corpora-
tion, or governinental unit that would create a conflict of interest in the perfor-
mance of the obligarions pursuant to this Agreement with the City.
�Ce'CO�J
f. Hold Harmless - 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 sha11 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, representafives and agents shall be governed by
provision of the Minnesota Municipal Torts Claims Act, Minnesota Statutes
Chapter 466, et seq• and the liabilities of the State Fair shall be govemed by the
Minnesota Tort Claims Act, Minn stat. 3.736 and other applicable law
g. Assignment - Each Party each binds itseif 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 writing in advance by both Parties.
Any alterations, amendments, delefions, 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
conshued to adversely affect vested rights or causes of action which have accrued
prior to the effective date of such amendment, modification, or supplement. The
term "this AgreemenY' as used herein shall be deemed to include any future
amendments, modifications, and additional schedules made in accordance
herewith.
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 Obligation - If a court or goveuimental agency with proper jurisdiction
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 continue this Agreement without the
terminated provision the remainder of this Agreement shall continue in effect.
k. Interpretation of Ageement, Venue - This Agreement shall be interpreted and
construed according to the laws of the State of Minnesota. All litigarion related to
this Agreement shall be venued in the District Court of the County of Ramsey,
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Second Judicial District, State of Minnesota.
Force Majeure - Neifiher Parry sha11 be held responsible for performance if its
performance is prevented by acts or events beyond the Part}�s reasonable control
including, but not limited to: acts of God, severe weather and storms, earthquake
or other natural occurrences, strikes and other labor unrest, power failures elech
cal power surges or current fluctuations, nuclear or other civil military emer-
gences, or acts of legislative, judicial, execurive, 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 all oral agreements and negotiations between the Parties relating to the
subject matters herein.
IN WITNESS WHEREOF, the Parties hereto are authorized signatozies and have
executed this Agreement, the day and year first above written.
CITY OF SAINT PAUL
By:
Approved as to Form:
Mayor
By:
Director, Department of Finance
And Management Services
City Attorney
Chief of Police
A STATE P�GRICULTURAL SOCIETY
/
Deputy
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