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07-661Council File # � 7- 6� / Green SHeet # 3040377 RESOLUTION ' SAINT PAUL, MINNESOTA Presented By: Referred To: 1 2 3 4 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 Committee:Date: BE IT RESOLVED, that the City council authorizes the City of Saint Yaul, Police Department, to enter into the attached joint powers agreement, which has an indemnification clause, with the Minnesota State Agricultural Society "State Fair". A copy of said agreement is to be kept on file and on record in the Office of Financial Services. Benanav Bostrom Harris Thune Adopted by Council: I Adoption Cerrified by B Approved by or: . BY� ! i �l � l� � Ap r" ov�d by ayor r ub sion to Council: � E��� R:\Fiscal W O&C R�200TStateFair.cr2007.x1s Requested by Department of: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 0 7-��i PD - PoliceDepaztrnrnt � Contact Person & Phone: Chief John Hartinglon , 266-SSS8 Dot. Type: RESOUSTION o,.,�N-0� I Green Sheet NO: 3040377 �■► Assign Number For Routing Order E-DoCUment Requiretl: Y ' � Oocument Contact: Ctlr Eugene Polya Contaet Phone_ 266-5564 � Total # of Signatur¢ PageS _(Clio AII Locations for Sianaturel 0 ' oliceDenariment PoliceDeaariment i 1 �policeDepartment PoliceDeparhment � � 2 C'riy Attorney � Ltiry Attornep 3 , OH'ice i MaYOr 4 cil I Council i 5 i Clerk Ci Clerk 6 olice Depar[ment Police Depazpnent Signatures on the attached council resoluflon authorizing the City of Saint Paul, Police Department, to enter into the attached joint powets agreement with the Minnesota State Agricultural SocieTy "State Fa'u". idanons: Approve (A) or F Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfirm ever worketl untler a contract for this department? Yes No 2. Nas this persoNfirm ever been a city empioyee? Yes No 3. Dces this personlfirm possess a skill not rrormalfy possessed by any cu�reni city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportun'Ry (Who, What, When, Where, Why): The Saint Paul Police Depaztment will provide various police services for the State Fair during [he period as described in the attached agreemenL AdvanWges If Approvetl: In return for services provided, the Ciry of Saint Paul will receive paymen[s from the State Fair as described in the attached agreement. Disativantages If Approved: None. Disadvantages If Not Approved: Lost of revenue to the Ciry of Saint Paul. i otai wmount or ;^,�� � � � �` � Trensaction:`' �j-�' osURevenue Budgeted: Funa�ng so�rce: Minnesota State Agricufiural �- Aatrviry Number: Finaneia{ Information: SOCi2ty "State Fair" � � � (Euplain) - . . �� REC�IIIED JUL 1 '1 ��r.ia June 1, 2007 1225 PM Page 1 O 7-l� 1 AGREEMENT THIS JOINT POWERS AGREEMENT, dated this between the CITY OF SAII�tT PAUL, Minnesota hereinafter refetred to as "City" and the MINNESOTA STATE AGRICITLT'URAL SOCIETY, hereinafter referred to as "State Fair", both political 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 THIS AGREEMENT, IN CONSIAERATION 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 Gity will provide, pursuazrt 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 �ercises 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 yeaz around, 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: Swpe of Services. City's responsibilities: 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 the services at the following St. Paul intersections: Snelling and Como, Snelling and Midway Pazkway, Snelling and Hoyt, and positions on Como from Canfield to Snelling. b. The City will provide general police services, parking enforcement, and traffic a����/ and crowd control at other intersecrions and azeas 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 Ciry will make reasonable effort to recruit volunteers to supplement the Ciry'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 poIice Records Management System ("12MS") for report writing and record keeping. The Ciry 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 yeaz-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 crnne laboratory services for State Fair Police cases occurring during the State Fair. £ 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 invesfigataon. 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 communicarions between the SPPD and the State Fair Police. This will aliow the SPPD channel 3, the State Fair Police LIHF and the 3tate Fair VHF to be simulcast and a message received by all necessary officers. Emergency Recall: Each SPPD officer wili remain under the City's direction and control, and will be sub}ect to serious police emergency calls for service and/or activation of 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 under this Agreement in deference to providing essential police services to the City of Saint Paul without penalty of liability of any kind, but wiil respond or renew performance when feasible to do so. o�-��� 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 lunited to court appeazances and other assistauce to successfully prosecute criminal cases generated from the State Fair. SECTION 3: Billings and Payment a. The State Fair shall reimburse the City b j� payment to the SPPD for the services provided during the Minnesota State Fair according to: The rate of regulaz and overtime salary, plus regular and overtime fringe benefits, for a parking enforcement officer, police officer, sergeant, and commander as found in the labor contracts goveming these employees. The total amount of the agreement shall not exceed $159,000.00 b. The State Fair shall reimburse the City of Saint Paul Police Department for officer services in this Agreement according to the certified hourl}� wages of such police officers. The certification of the City services shall 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 patrol vehicles at a rate of Thirry dollars ($30) per day, adjusted yeazly to reflect increases or decreases in the consumer price index. d. The costs associated with criminal investigafions will be based on the actual hourly wages of the City employee(s) conducfing 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 Ciry shall keep record of its costs in providing sezvices to the State Fair during the Minnesota State Fair and shall prepare an itemized statement thereof showing the amount dne hereunder and submit the same to the State Fair no later than 30 days after the perfor�xiance of said service. h. The State Fair agrees to pay the City all monies due hereunder and as shown by tl�e 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 und�r this Agreement wiil not be accessed and will be considered a fair in kind o� ��� 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 Because the State Fair Police ate 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 responsibilities: 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 area of the Minnesota State Fair grounds. It is understood routine patrolling will include general tra£fic supervision and building surveillance. b. The City will respond to the State Fair's request for service as the resuit 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 for any criminal cases generated from or on State Fair gounds 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 rime. e. The City will authorize the appropriate staff of the State Fair to communicate on the same police radio frequency as the SPPD utiliae in its Westem District. The city will provide radio training, 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. State Fai�'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. 5ECTION 2: Billings and Payment. , a. Costs associated with SPPD general law enforcement services, under Section B of this Agreement, will not be assessed anck will be considered a fair in kind 4 �>?�1��� 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 wiil be based on the actual hourly wages of the City employee(s) conducting the invesrigation. e. 'Fhe costs associated with B- 1- d, the criininal laborato'ry services wili 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 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 a�d structures, if any, located thereon, provided that notificafion and any azrangements for 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 will be availabie to the City for the duration of this Agreement. b. Notificafion - Notificafion and any anangements 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 spe�ial events coordinator accordingly, the State Fair reserves the right to cease ar interrupt any training exercise which may be in operation on the grounds. . 5 ��-� �� 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 I,eased Premises during reasonable business hours to examine and inspect the same, provided that such enixy doe5 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 sha11, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not lnnited to emergency repairs of any kind; routine maintenance and repair to keep the L,eased 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 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, plumbing, lighting, mechanical systems, fire suppression equip- inent i.e. fire sprinkier 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 fimes free from ice and snow. The foregoing obligations shall bind the State Fair regazdless of the cause of the datnage ar condition necessitating the repair or maintenance. £ 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 expiration of use of the Lease Premises, or any sooner termination of this Agreement, shall quit peacefully and surtender 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. Destruction - In the event of damage to or destruction of the Leased Premises or in the event the premises becomes unusablgor 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 �tate Fair to restore the D��l�(�� premises wiUun 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 comparable premises for its use. i. The City will, at its own expense, repair any in}ury 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 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. 'I'he SPPD will be responsible for any and all costs incurred by the Minnesota State Fa3r as a result of the usage of the Leased Property, excluding costs that are the resuit of any omissions or acts of negligence on the part of the State Fair, its agents, employees, officials or representatives. These costs include, but not limited to, all property loss and(or damage to State Fair property caused d'uectly 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 beeri £ully given when served personally on State Fair or City, or when made in writing and deposited in the United States Maii, certified and postage prepaid, and addressed to the State Fair at 1265 Snelling Ave. N. St. Paul, MN. 55108. Nothing herein shall preciude the gving of such address change notice by personal 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 clauns that may or might arise under the Worker's Compensa6on Act of this State on behalf of said employees while so engaged and any and a11 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 obiigation and responsibility of the City. The City shall not be responsible under the Worker's Compensation Act for any employees or volunteers of the State Rair. , The Parties agree that all persons working on the State Fairgrounds under this Agreement who are City employe�s remain City employees and aze in no way 7 e ' ����� employed by the State Fair provided, however, that this clause shall not apply to persons employed direcdy by the State Agricultural Society. All contracts and agreements made by the City with tlaird parties for the performance of any work to be done under its agreement shall be subject to the terms of this Agreement. b. Time For Completion - This Agreement, between the City and the State Fair will be for one yeaz, subject to termination by either Party upon a written notice of at least ninery (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 shail be subject to examination by the Society and the legislafive Auditor. ParCies agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such recozds available at its office at all reasonable tunes 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, Minnesot� Government Aata Practice Act, and in particulaz Minn. Stat.§ §13.05, subd. 6 and 11; and 1337, subd. 1(b) and Minn. Stat.§§ 138.17 and 1517. All of the data created, collected, received, stored, used, maintained, or disseminated by the State Fair is subject to the requirements of the Minnesota Government Data Practices Act and the State Fair must comply with these requirements as govemmental 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 or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now ar herea8er 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- rion, or govemmental unit that would create a conflict of interest in the perfor- mance of the obligations pursuant to this Agreement with the City. Hold Hazmless - Each Party agrees that it wiil be responsible for its own acts and/or omissions in carrying out the terms of this Agreement and the �esults �7-��i thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other Party and the results thereof. The liability of the Ciry, its employees, officials, representatives and agents shall be govemed by provision of the Minnesota Municipal Torts Claims Act, Minnesota Statutes Chapter 466, et seq• and the liabilifies of the State Fair shall be govemed by the Minnesota Tort Claims Act, Minn stat. 3.736 and other applicable law g. Assignment - Each ParEy 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 writing 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 term "this AgreemenY' as used herein shall be deemed to include any future amendments, modifications, and addifional 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 ternunation of that right, this Agreement, or any of this AgreemenYs provisions. j. Survival of Obligation - If a court or goveimnental agency with proper jurisdicrion determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shali terminate. If a provision is so ternunated but the Parties legally, commercially, and practicably can continue this Agreement without the tetminated provision the remainder of this Agreement sha11 continue in effect. k. Interpretation of Agreement, Venue - This Agreement shali be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the Distdct Court of the County of Ramsey, Second 3udicial District, State of Minnesota. 1. Force Majeure - Neither Party shall be held responsible for performance if its , performance is pzevented by acts or events beyond the Party's reasonable control L� e ' ������ 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, execufive, or administrative authorities, m. This agreement sha11 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. Enfire Agreement - It is understood and agreed that tlus entire Agreement super- sedes all oral ageements and negotiations between the Parties relating to the subject matters herein. IN WITNESS WHEREOF, the Parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SA�T PA 1 By: Mayor By: Director, Departme�it of And Manage t S rvu sy: Chief of Police � MINNESOTA ST E ULTi3RAL SOCIETY By: � ✓, � °...�+^~-t—�.:-"'�, �r` n . anager By: �~� f Deputy General Mariager -10- � , Approved as to Form: � ' ti a r � r'. � ! �' ¢ N C � � � ro �. � ¢ �17-C95-'i�i L'? 29 FP,�"J- 4 .. � N � N N � r � d � c �'^W u F � � ` w ,� � HH W « N � .. u �.5 �=�3� � " x ,'°, ' ° z � �+ '$ R V C O p'^ N � W G4� m C � � � [, V � '✓, I u � E � .. 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