07-1100Council File # v7- J/DD
Green Sheet # 3045473
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By:
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Referred To: Committee:Date:
1 RESOLVED, that the 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 continue to reimburse the city for
3 responding to requests for ordnance disposal services from July 1, 2007 through June 30, 2009. A copy
4 of said agreement is to be kept on file and on record in the Office of Financial Services.
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Yeas Nays Absent Requested by Department of:
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Adopted by Council: Date: ���alf
Adoption
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by C ncil Secretary:
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by City Attorney:
Approve�iy yor for Submission to Council:
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Po - Pa�,�e�P�e�= ; 2�-�T-0� i Green Sheet NO: 3045473
Contact Person & Phone: ; �
Chief John Harrington !
266-5588 i Assign
Must Be on Council Agenda by (Date): i Number
For
- - ' Routing
Doc. Type: RESOLUTION I Order
E-Document Required Y
Document Contact: Evette Scarver .
— COntact Phone: 266-5547 I
0 Police DeparNient PWice Depar�ent I
1 PoliceDepar6neut � Pol'ceDeaar6ne t �' �
2 City Atfornev C'tv Attornev
3 �Mayor's Otfice � Ma or �
4 Council i CounN '
5 ,City Clerk Citv qerk
6 olice Deoarmient PoI'ce Department � _
Total # of Signature Pages �(Clip All Locations for Signature)
, Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Police Department Ordnance Unit (ODU) to enter
into the at[ached Joint Powers Agreement with the State of Minnesota.
Recommendations: Approve (A) or Reject (R): � personal Service Contracts Must Answer the Following �uestions:
Planning Commission
CIB Committee
Civil Service Commission
7. Has this persoNfirzn ever worked untler a contract for this tlepartme�t?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet antl attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Sain[ Paul Police Departrnent ODU wil] continue to dispose of or neutralize bombs or other similaz hazazdous explosives for other
m�nicipalities within the State of Minnesota from July 1, 2007 [hrough June 30, 2009. *Note: Governmental unit will not be required �
to respond ro calls during the approx. two-week period in which the RNC is held in the city of Saint Paul. ,
Advantages If Approved: ��
The Samt Paul Police Departmen[ will continue to be reimbursed by the Sta[e of Minnesota for ordnance disposal services provided
toother municipalities in the State of Minnesota.
� Disadvantages If Approved:
None.
Disadvantages If Not Approved:
The Saint Pau] Police Depaztment will discontinue providing ordnance disposal services to other municipalities throughout the Sta.te of
Minnesota.
Total Amount of — --- � � � �
Transaction: $54,000.00 CosURevanue Budgeted: � '� � � " � �����
Funding Source: St8Y8 Of Min�2SOt8
Financial Infosr^ation:
(Explain)
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I October 23, 2007 12:�2 PM
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Activity Number.
Page 1
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CFMS Contract No. B01399
STATE OF MINNESOTA D��/��
JOINT POWERS AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Division of
Homeland Security and Emergency Management ("State") and City of St. Paul, St. Paul Police Department
("Govenmiental Unit").
Recitals
Under 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, to 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
1.1 Effective date: July 1, 2007, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date: June 30, 2009, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
Agreement between the Parties
2.1 Definitions: The terms used in this agreement have the meaning given them in Minn. Stat. § 299C.063, subd. 1:
(a) `Bomb disposal uniY' means a commissioner-approved unit consisting of persons who are trained and
equipped to dispose of or neutralize bombs or other similar hazazdous explosives and who are employed by a
municipality.
(b) "Comrnissioner" means the commissioner of public safety.
(c) "Municipality" has the meaning given it in section 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 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) 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) Governmental Unit will only invoice the State for expenses incuned 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 $175.00 per hour. Should the Govemmental Unit have a contract with another entity other than the
State for these services, the Governmental Unit will 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 Govemmental 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 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.
23 Govemmental Unit will not be required to respond to calls during the approximate two-week period in which the
Republican National Convention is held in the city of St. Paul.
3 Payment
3.1 The State will reimburse the Govemmental Unit no more than $27,000.00 from July 1, 2007 through June 30,
2008, and an additional $27,000.00 from July 1, 2008 through June 30, 2009, for Governmental Unit's bomb
disposal unit responding to calls as specified under Clause 2 of this agreement, and in accordance with the
Joinl Powe�s Agree�nen[ (Rev. 8/03) Page 1 of 4
CFIvIS Contract No. B01399
following: �� -/!60
(a) The Governmental 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 year 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 Govemmental Unit promptly after the Governmental Unit's presentation of
invoices for services performed, 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 arreazs at least quarterly, but not more often than monthly and within 30
days of the period covered by the invoice for work performed. Final invoice for the first state fiscal year of
this agreement must be received by the State no later than July 31, 2008. Reimbursement from the second
state fiscal year may commence on or after July 1, 2008. The final invoice pertaining to the second year of
this agreement must be received by the State no later than July 31, 2009.
(b) Expenditures of each state fiscal year of this ageement must be for services performed within applicable state
fiscal year and within the terms of this agreement.
(c) Funds specified for the second state fiscal year of this agreement may not be expended until July l, 2008 and
may only be expended for services provided in the second state fiscal yeaz of this agreement (July 1, 2008
though June 30, 2009).
33 The total obligation of the State for all reimbursement to the Governmental Unit under this agreement will not
exceed $54,000.00.
4 Authorized Representatives
The State's Authorized Representative is Gary Hendrickson, Hazardous Materials Administrator, Division of
Homeland Security and Emergency Management, 444 Cedar Street, Suite 223, St. Paul, MN 55101-6223, (651) 201-
7447, gary.hendrickson@state.mn.us, or his/her successor.
The Governmental Unit's Authorized Representative is Sargent Larry Rogers, Saint Paul Police Department, 367
Grove Street, St. Paul, MN 55101, Phone: (651) 291-1111, or his/her successor or designee.
Assignment, Amendments, Waiver, and Contract Complete
5.1 AssignmenG The 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 the State fails to enforce any provision of this agreement, that failuredoes not waive the provision or
its right to enforce it.
5.4 Contract Comp[ete. This agreement contains all negotiations and agreements between the State and the
Govemmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to
bind either party.
Liability
Each party will be responsible for their own acts and the results thereo£ The Municipal Tort Claims Act, Minnesota
Statutes, Chaptar 466 govems the Governmental Unit's liability. Minnesota Statutes sections 3.732 to 3.736 and
section 176192 govem the State's liability. A member of the Governmental Unit's bomb disposa] unit approved by
the Commissioner of the Department of Public Safety and employed by the Governmental Unit is considered an
employee of Yhe SYate when engaged in the disposal or neutralization of bombs or oYher similar hazardous explosives,
as defined in section 299C.063 outside the jurisdiction of the municipality but wi'thin the state for the purpose of the
Minnesota Tort Claims Act, Minnesota Statutes 3.732-3.736. This clause shall not be construed to bar any legal
Joint Powe�s Agreement (Rev. 8/03) - Page2 of 4
67�//OD
CFMS Contract No. B01399
remedies the Govemmental Unit may have for the State's failure to fulfill its obligations pursuant to this agreement.
The Governmental UniYs geographic jurisdiction is defined as follows: For purposes of this agreement, the
Govemmental Unit's normal geographic jurisdiction is corporate city limits of the Ciry of Saint Paul, Minnesota.
7 Workers' Compensation
The Governmental Unit certifies that it has complied with the workers' compensation requirement of Minnesota
Statutes Section 176.181, subd. 2. Notwithstanding Clause 6 of this agreement, a member of the Govemmental Unit's
bomb disposal unit approved by the Commissioner of the Department of Public Safety and employed by the
Govemmental LJnit is considered an employee of the Department of Public Safety solely for the purposes of
Minnesota Statutes Chapter 176 relating to workers' compensation when disposing of or neutralizing bombs or other
similar hazardous explosives, as defined in section 299C.063 outside the jurisdiction of the Govemmental Unit.
The Governmental Unit's geographic jurisdiction is defined as follows: For purposes of this agreement, the
Govemmental Unit's norma] geographic jurisdiction is the corporate city limits of the City of Saint Paul, Minnesota.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Govemmental UniY s books, records, documents, and accounting procedures
and practices relevant to this agreement are subj ect 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.
Government Data Practices
The Govemmental Unit and State must comply with the Minnesota Government 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 agreement. The civil
remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Govemmental
Unit or f.be 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 jurisdiction in Ramsey County, Minnesota.
I1 Termination
11.1 Termiixation. The State or the Governmental Unit may ternunate this agreement at any time, with or without
cause, upon 30 days' written notice to the other party.
11.2 Termination far Insuffcient Funding. The State may immediately ternunate this agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a leve]
sufficient to allow for the payment of the services covered here. Teimination must be by written or fax notice to the
Governmental Unit. The State is not obligated to pay for any services that are provided afrer notice and effective date
of temunation. However, the Govemmental Unit will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. The State will 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 Govemmental Unit notice of the lack of funding within a reasonable
time of the State's receiving that notice.
Join[ Powers Agreement (Rev. 8/03) Page 3 of 4
CFMS Contract No. B01399
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1. STATE ENCUMBRANCE VERIFICATION
lndividua! cen�es tlmt funds h¢ve been encumbered as
required 6y Minn. Stat. §§ ] 6A.15 and 16C.05.
Signed: � � �' (��Lf/l / �
Date: � O/ l (Q �O ��� � / '.
CFMS Contract No. B01399 i� ,
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3. STATE AGENCY
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State's Authoozed Representative - Photo Copy
Joint Powe�s Ag�eement (Rev. 8/03) Page 4 of 4