07-895Council File #
Presented By:
Referred To:
Total Changes to Financing
RESOLUTION
CITY OF SAII3T PAUL, NIINNESOTA
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1 WHEREAS, the City Council authorized the City of Saint Paul, Police Deparhnent, to enter into an agreement with
2 Breaking Free to participate in the "Stop the Demand" Project on August 1, 2007 (council file #07-679); and
4 WHEREAS, this agreement provides funding for participation in the "Stop the Demand" Project; and
5
6 WHEREAS, a 2007 fmancing and spending plan needs to be established for this project; and
7
8 WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are
9 available for appropriation funds of $3Q000 in excess of those estimated in the 2007 budget; and
10
ll WHEREAS, The Mayor recommends that the following addition be made to the 2007 budget:
12
13
14
15 436-Police Special Projects Fund
16 FINANCING PLA1�T:
17 34210 - Breaking Free
18 4399 - Services N.O.C.
19
20
21
22
23
24
25
26
27
28
SPENDING PLAN:
34210 - Breaking Free
0141 - Overfime
0434 - Rringe Benefits
0449 - Worker's Compensafion
Total Changes to Spending
Green Sheet #
30,000
30,000
0 25,555
0 3,423
0 1,022
30,000
THEREFORE EE IT RESOLVED, that the Saint Paul City Council approves these changes to the 2007
30,000
25,555
3,423
1,022
29 budge�
30
Yeas
Absent
CURRENT AMENDED
BUDGET CHANGES BUDGET
Requested by Department of:
By:
Adopted by Council:Date: �/�7( f,�d�7
Adoption Certified by Council Secretary:
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Appr
By:
A�roval om ende Financial Services:
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By: �
Form
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by City
for
D�-895
3043392
6reaking Free spending antl financing plan.ccbudget.xls
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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PD - Po�iceDeparunenr
Contact Person & Phone:
Chief John Harrington
266-5588
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Doe. Type: RESOLUTION W/$ TR.4NSAC
28-AUG-07
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pssign
Num6M
For
Rou[ing
Orda
E-Documeni Required: Y
Doeument CoMact• Amy Brown
ContaCt Phone: 266-5507
Totaf # of Signature Pages (Clip Ati Locations for Signature)
Green Sheet NO: 3043392
0 �Pdice Depazlment I Pdice Depardnent
1 olice Deo�ment I Police Deparpnent
2 '. mancial Services pirector Finanaal Servi
� i Attorne Ci Attorue _�
4 a or's OtLCe Ma or
s ounc�7 ci couucil
6 i Cluk Ci Clerk
'7 oGce De ent Police De artlnen[
Signahues on the attachecl council resolufion establishing a 2007 fmancing and spending plan ta pxovide funding for par[icipation in
the "Stop the Demand" Project working through the 'Breaking Free' organizafion.
iaauons: Approve pv) or n
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract tor this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this persoNfirtn possess a skill rrot twrmalfy possessed by any
current ciiy employee?
Yes No
E�cplain all yes answers on separate sheet and attach to green sheet
Inttiating Problem, (ssues, Opportunity (Who, What, When, Where, Why):
The "Stop Demand" Project will provide quarterly [raining on prostitution as violence against women and giris, crea[e training
materials, create an awazeness campaign and participate in various meetings.
AdvantageslfApproved:
Opporiuniry to educate women and girls on prostitution as violence against them.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
Lost opportunity to educate women and girls on prostitufion as violence against them.
7ra�action: $30,000
Funtling Source: 436
Financial Information:
(Ezplain)
Activity Number: 34210
CoSURevenue Butlgeted:
August 28, 2007 9:29 AM Page 1
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Agreement # C) � -����$ - C _
Between the City of Saint Paul and Brealdng Free
THTS AGREEMENT, made and entered into this 22n day of January, 2007, by and between the
City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota,
hereinafter referred to as "Provider" or "City", and Breaking Free, hereinafter referred to as
"Breaking Free"
The Provider and Brealdng Free, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, agree as follows:
SECTION 1: Scope of Services.
A. The Provider agrees to provide those services or tasks as described in the attached state grant
proposal and award. See Attachment A. The Provider agrees to implement and operate the
project in accordance with the terms of this ageement and with the terms and conditions of the
grant proposa( and award (Attachment A). The Provider agrees to operate the project in a
manner consistent with the ciry's legal requirements and as described in this agreement. T'he
Provider agrees to provide information necessary to prepaze all reports, including interim and
final reports, required by the gant contract from the Minnesota Aepartment of Public Safety. The
City agrees to provide those services or tasks as described in the attached state grant proposal and
awazd as indicated and assist Breaking Free as stated in the grant proposal and awazd.
SECTION 2: Time For Completion.
A. The services described in Section 1 shall be commenced on or about January 1, 2007 and will
be completed in accordance with the schedule mutually agreed upon with the Bzeaking Free but
no later than December 31, 2009.
B. Provider shall not proceed with any task outside the scope of Attachment A without specific
authorization from Breaking Free.
C. In the event there aze delays caused by actions of Breaking Free or which may be reasonably
requested by the Provider wlrich can change the completion date, Provider shall request an
extension of time for completion of the project. Breaking Free will review the request and may
grant to the Provider such extensions of contract time as may be reasonable.
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SECTION 3: Billings and Payment
A. That for Provider's faithful performance of this Agreement, Breakiug Free hereby agrees to
compensate the Provider in the amounts and according to Attachment A on a reimbursement
basls not to exceed $30,000.00.
B. The above amount of $30,000.00 shall fully compensate the Provider for all costs. No claim
for services and/or costs provided by the Provider not specificaily provided for in this Ageement
will be honored by Brealdng Free. Total costs for the project to be reimbursed by Breaking Free
shall not exceed $30,000.00.
C. Provider shall submit an itemized invoice to Brealdng Free on a monthly or quarterly basis by
the 20'" day after the month/quarter. Upon receipt of the invoice and verification of the chazges
by the Project Manager, payment shall be made by Breaking Free to the Provider within thirty
(30) days.
D. In the event the Provider fails to comply wiih any terms or condirions of the Agreement or to
provide in any mauner ihe work or services as agreed to herein, Brealdng Free reserves the right
to withhold any payment until Breaking Free is satisfied that corrective action has been taken or
completed. This option is in addition to and not in lieu of Breaking Free's right to termination as
provided in other sections of this Agreement,
SECTION 4: Project Management.
A. Breaking Free requires the Provider to assign specific individuals as principal project
members and to assure that the major work and coordination will remain the responsibility of
these individuals during the term of this Agreement. Removal of any principal project membez
without replacement by equally qualified individuals or without the prior written approval of
Breaking Free aze grounds for termination of the Ageement by Breaking Free. Provider's
principa] project members aze:
-Commander Robert Thomasser
-Sergeant Ray Gainey
B. Breaking Free has designated Vednita Carter and Joy Friedman as principal project managers
for this Agreement, and the individuals to whom all communicarions pertaining to the Agreement
sha11 be addressed. My requests for budget or other amendments or changes to the Agreement,
and any interpretation or definition of Breaidng Free's policies and decisions pertinent to the
work covered by this Agreement must be reduced to writing and forwazded to Azny Brown for
fiaal approval and before any changes in spending can occur.
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SEC'I`ION 5: Responsibilities.
A. Brealdng Free and Provider agee to provide each other access to any information from
Breaking Free or Provider documents, staff; and other sources needed by each entity to complete
the work described herein.
SECTION 6: Work Products, Records, Dissemination of Information.
A. For purposes of this Agreement, the following words and phrases shall have the meanings set
forth in this section, except where the context cleazly indicates that a different meaning is
intended.
Work product sha11 mean, any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results from
Providers services under this Agreement.
Supporting documentation shall mean any surveys, questionnaires, notes, reseazch, papers,
analyses, whether written, electronic, or in other focm, and other evidences used to generate any
and all work performed and work products generated under this Agreement.
Business records shall mean any books, documents, papers, account records and other evidences,
whether written, electronic, or in other form, belonging to Provider and pertaining to work
performed under this Ageement.
B. Provider will make accessible all deliverabie work products necessary for Breakiag Free to
meet al] reporting obligations to the State of Minnesota Office of Justice Programs as cited in
Attachment A. This section does not override obligarions the provider has under Chapter 13,
Minnesota Statutes (Minnesota Government Data Practice Act).
C. Breaking Free agtees not to release, transmit, or other wise disseminate any information
associated with or generated as a result of the work performed under this Agreement without
prior Imowledge and written consent of the Provider.
D. In the event of termination, all work products, whether finished or unfinished, and supporting
documentation prepazed by Provider under this Agreement shall be delivered by Provider to
Breaking Free by the termination date and there shall be no fiuther obligation of Breaking Free to
Provider except for payment of amounts due and owing for any authorized work performed and
expenses incurred to the date and time of terminarion.
E. Provider agrees to maintain all business records in such a manner as will readily conform to
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the terms of this Ageement and to make such records available at its office at all reasonable
times during the Ageement period and for sic (� 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.
F. Provider agzees to abide strictly by Chapter 13, Minnesota Statutes (Minnesota Govemment
Data Practice Act} as well as any other applicable federal, state, and local laws or ordinances, and
all applicable rules, regulations, and standazds established by any agency of such govemmental
units which aze now or hereafter promulgated insofaz as they relate to the Providers performance
of the provisions of this Agreement.
SECTION 7: Equal Opportunity Employment.
A. Breaking Free will not discriminate against any employee or applicant for employment for
work under this Agreement because of race, color, religion, sex, age, or nationai origin and will
take affirmative steps to ensure that applicants are employed and employees aze treated during
employment without regazd to race, color, religion, sex, age or national origin.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or h�ansfer; recruitment advertasing, ]ayoff or ternaination; rates of pay or their forms of
compensation; and, selectian for training, including apprenuceship.
SECTION 8: Compliance With Applicable Law.
A. Breaking Free agrees to comply with all federal, state, and local laws or ordinances, and all
applicabie rules, regulations, and standards established by any agency of such govemmental
units, which aze now or hereafter promulgated insofar as they relate to the Providers performance
of the provisions of this Agreement. It shall be the obligation of the Provider to apply for, pay
for, and obtain al] permits and/or licenses required.
SECTION 9: Independent Contractor.
A. It is agreed by the parties that, at all times and for all purposes within the scope of tYus
Agreement, the relarionship of the Breaking Free to the City is that of independent contractor and
not that of employee. No statement contained in this Agreement shal] be consirued so as to find
Brealdng Free an employee o£ the City, and Breaking Free shall be entitled to none of the rights,
privileges, or benefits of Saint Paul employees.
SECTION 10: Subcontracting.
A. Breaking Free agrees not to enter into any subcontracts for any of the work contemplated
0
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under this Agreement to be completed by the Provider without obtaining prior written approval
of the Provider.
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SECTION 11: Hold Harniless
Each parry will indemnify and hold harmless the other party for acrions and representations made by
its own employees, officials, agents and representalives, wluch occur in the performance of the
terms of tYris Ageement of their employment du6es and We results thereof to the extent authorized
by law and shail not be responsible for the acts and/or omissions of ihe other party of that party's
employees, officials, agents or representatives and the results thereof. The liability of the parties
shall be limited and govemed by provision of the Minnesota Torts Claim Act, Minnesota Statutes
Chapter 466, et esq., and other applicable law.
SECTION 12. Assignment
A. The Provider and Breaking Free each binds itself and its successors, legal representatives, and
assigns of such other party, with respect to all covenant of this Agreement; and neither Breaking
Free nor the Provider will assign or transfer their interest in this Agreement without the written
consent of the other.
SECTION 13. Termination
A. This Agreement will continue in full force and effect until completion oFthe project as described
herein unless it is terminated at an earlier date by either party. Either party to flvs Agreement may
terminated it by giving no less than thirty (30) days written notice of the intent to terminate to the
other party.
B. Witlt Cause. The City reserves the right to suspend or terminate this Agreement if Breaking Free
violates any of the terms or condidons of this Agreement or does not fulfill, in a rimely and proper
manner, its obligarions under this Agreement as determined by the City. In the event that the Ciry
exercises its right to withhold payment or terminate under this Section, it shall submit written notice
to Brealdng Free specifying the extent of such withholding or terminarion under this Section, the
reasons therefore, and the date upon which such withholding or termination becomes effective.
Upon receipt of such notice, Breaking Free shall take all actions necessary to discontinue fiuther
commitments of funds to the extent that they relate to the suspended or terminated portions of this
Agreement.
C. In the event of termination, Breaking Free will pay Provider for all service actually, timely, and
faithfully rendered up to the receipt of the notice of termination and thereafter until the date of
termination. The Provider will deliver all work products and supporting documentarion developed
up to the date of termination prior to rendering final payment for service.
SECTION 14: Default by Consultant
In the event Provider fails or neglects to comply with any term or condition of this Agreement or to
provide the services as stated herein, Breaking Free shall have the right, after written notice, to cease
payment hereunder. This remedy shall be in addition to any other remedies, including termination,
available to Brealdng Free in law or equity. Breaking Free shall be enritled to recover reasonable
attomey(s) fees and costs of collection associated with enforcing its rights hereunder.
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SECT'ION 15: Amendment or Changes to Agreement
A. Brealdng Free or Provider 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 the Breaking Free.
B. Any alterations, amendments, deletions, or waivers of the provisions of tlus Agreement shall be
valid only when reduced to writing and duly signed by the parties.
C. Modifications or additional schedu]es shall not be construed to adversely affect vested rights or
causes of action which have accrued prior to the effecrive date of such amendment, modification, or
supplement. The term Athis Agreement as used herein shall be deemed to include any future
amendments, modifications, and additional schedules made in accordance herewith.
SECTION 16. Notices
Except as otherwise stated in this Agreement, any notice or demand to be given under this
Agreement shall be delivered in person or deposited in United States Certified Mail, Rehim Receipt
Requested. Any notices or other communications shall be addressed as follows:
To Provider: To Breaking Free:
Amy Brown Vednita Carter
Saint Paul Police Department Breaking Free
367 Grove Street 770 University Avenue West
Saint Paul, Mn 55101 Saint Paul, Mn SS 10A
SECTION 17. 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 Ageement's provisions.
SECTION 18. Survival of Obligation
A. The respective obligations of Brealdng Free and Provider under these terms and conditions,
which by their nature would continue beyond the termination, cancellation, or expiration hereof,
shall survive termination, cancellation or expiration hereof.
B. Tf a court or governmental 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 sha11 continue in effect.
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SECTTON 19. Interpretation of Agreement, Venue
A. T1vs Ageement shall be intetpreted and construed according to the laws of the State of
Minnesota All litigation related to flus Agreement shall be venued in the Provider Court of the
County of Ramsey, Second Judicial Provider, State of Minnesota.
SECTION 20. Force Majeure
Neither Brealdng Free nor the Provider shall be held responsible for performance if its performance
is prevented by acts or events beyond the party's reasonable control including, but not limited to:
severe weather and storms, earthquake or other nahual occurrences, strikes and other labor unrest,
power failures electrical power surges or current fluctuations, nuclear or other civi] military
emergences, or acts of legislative, judicial, executive, or administrative authorities.
SECTION 21. Entire Agreement
A. It is understood and agreed that this entire Agreement supersedes all oral agreements and
negotiations between the parties relaGng to the subject matters herein.
IN WITNESS WIJEREOF, the parties hereto have executed this Agreement, the day and yeaz first
above wri#en.
For the City of Saint Paul: For eaking Fr e:
A r ed as to form: By ' L�'�-/
� Its� p-F'�i l � �Q�.
s t City tomey �r�a /on
of Police
Director, OfRce ofFinancial Services
L' F� o� - ia't q .
Christopher B. Coleman, Mayor
Tyrone Terrill, Director
Department of Human Rights
�i �Te�—
MEMORANDUM OF UNDERSTANDING �������
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This documenf constitutes a Memorandum of Understanding (MOi� between Breaking Free and local
partners regarding the "Sfop the Demand " program. Those local paztners are:
St Paul Police Degaztment l� �-FjL
St Paul City Attomeys Office 8 �()
Ramsey County Attomeys Office � % � �00�
S„
History: �''�l�(+.�.
Breaking Free has always worked with the St Paul PoIice Departrnent ' one way br another since our
inception. Specific projects we fiave worked on include: The Offen ers Prostitution Project (John
School), this project began in 1999 and the Human Trafficlang Project be an in 2004. Other partriers of
the Offenders Prostitution Program included members of tfie benciy the� Saini Paut �iry fitrorney, the
Ramsey County Attorney's Office, the Ramsey County Public Defender, Ramsey County Community
Corrections, Court Adminishation, and the Frog Town Community Group. We fiave worked as pariners
almost since our existence and will continue to do so.
Planning and Development:
Vednita Carter, Executive Director of Breaking Fzee, atong with Joy Friedman, Project Coordinator will
be the priruaz•y individuals responsible for launching the "Stop the Demand" progiam. In the
establishment of the "Stop the Demand" project Breaking Free I met with Chief John Hazrington and
Sg� John Bandemer of the St Paul Police Degarkment, Susan Gartner of the Ramsey County Attomey
Office to discuss the need to focus on the demand issue in the ciry of St Paul and tbe need to work
together. We are ail in agreement about the importance of tlus project and have committed to work to
the successful conclusion of the "Sfop theDemand"
Agency RoIes, Responsibilities and Resources:
Breaking Free agrees to perform the following:
❖ Pmvide quarteriy tr 3inin s on prostitution as violence against women and girls
❖ Create frainuig materials
❖ Facilitate quarterly "Stop the Demarcd" task force meetings
❖ Create an awareness campaign.
+.• Participate in "SITYI'S' meefings
Estimated time commiffient: One fuli time project manager, Executive Director af 20%
Confributing Resources include but are not limited to:
❖ Funding received for the project
❖ Staff time and resources
❖ Supplies
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The St Paul Police Department agrees to provide the foIlowing:
:• Representation at the quarterly "Sfop fhe Demand" tas�orce meetings
❖(�ordina'fe•"' ��'"� ng beiween Brealang Free and the police depariment
❖ Facilitate stings as prostitution activity wurants it Tt's understood that activity during cold
weather is lower.
❖ Par�cipate in the awareness r,ampaign
❖ Focused target and ar"rest of john� ,
Estimated time commitment: Officers for "Stop t/ze Demarzd" stings and par�cipation in project
meetings, training and awareness campaign
Conh Resources include but aze not limited to:
�'r Staff time and resources
�.• Meeting facilities
The St Paul City Attomey's Office agrees to provide the following:
•:� Representation at the quarterly "Siop the Demand" taskforce meetings
-:• Coordinate trainings between Breaking Free City Atforney Office and other agencies
❖ Set up and implement a referral process for men who solicit women in pmstihrtion to the
Offenders Prostitution Program (John School)
❖ Participate in the awazeness campaign
Estimated time commitment: Unable to project at this time. Commihnent would cover meetings,
trainings, awareness campaign, and time spent with Brealdng Free representative on policies and
procedures review.
Conhibuting Resources include but are not ]imited to:
❖ Staffiime and resources
•'• Meeting facilities
The Ramsey County Attomey's Office agrees to provide the following:
d• Representation at the quarterly "Stop the Demand" tasl�orce meetings when possible
❖ Coordinate training between Breaking Free, the county attomey's office and other agencies
❖ Participate in the awareness cazngaign
❖ Assist with the implementation of goals and objectives �
Estimated time commihnent: Unable to pro,}ect at t}us time. Commihnent would cover meetings,
trainings, awazeness campaign, and rime spend with Brealdug Free representative on policies and
procedures review.
Confxibution Resources include but are not limited to:
Staff time and resources
Meeting facilities
Supplies
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Par[nersfiip Agieement
All partners agree to paiticipate in the project as detailed within tius MOU. Alt partners have reviewed
and approve of the proposed project budget All partners agree to the'u roles, responsibilities, and
resources as listed in this MOU and aze committed to working together to achieve the stated project
goaIs. All pariners have been involved in developing the evatuation plan of this pmject All partners
unders�wd these funds are for time-limited special pro}ects to create systems to change by improving
the criminal justice system's respanse to violence agaiast women, and fihat these funds are not intended
for on-going direct advocacy services to victimg or to sustain existing pro�*n_ .n�ng. All partriers agrea
to abide by federal and state guidelines regarding equal opportimiiy, IJrug-Free Workplace and financiat
reporting-
nov•ZU ZUUti 4:1IPM Breakin8 Free
No.07D9 P. 4
Signstnres ���y�
I hereby ag�ee to serve as ttic lead for my agency's sections a.f this projec� aad I agrec to abide by the
ierms and conditioru containcd in Ybis Memorandvm of Understanding betwceu Breaking Free and my
partaer agen�es). fgf the purpose of the Stop the Dcmand praject
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