08-144couo�;, Fne # 0$ -/�
Green Sheet # 3048512
RESOLUTION
CITY QF �T PAUL, MINNESOTA �
,J/
Presented By:
Referred To: Committee:Date:
1 BE I"I' RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul, Police Department,
2 to enter into the attached agreement with the State of Minnesota, Second Judicial District Court, which includes
3 an indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of
4 Financial Services.
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Bostrom
Carter
Harris
SYark
Thune
Yeas � I Nays I I Absent
Adopted by Council: Date:
Adoption Ce by C Secretary:
BY� / / /iA/r1
Approved by . ate: �
B
B
By:
Q:\FiscalAtfairsWO&CR�2008\D W I2ndJudicialCoud2008.x1s
Requested by Department of:
� Gree� Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DS'1 �L�
' DeparhneM/officeJeouncil: ; Date Initiated: I
Po - Po�,��„�„� � 17 � Green Sheet NO: 3048512
Contact Person & Phone: � I DeoartmeM Sent To Person InRiaVDate
ChiefJohnHarrington � � 0 PWiceDeoartment P oliceDeaarhnent '
266-5588 t pu�yn i 1 `�oliceDepazlment PoliceDeparhnent
Must Be on Council Agentla by (Date): Number Z Citv Attomev ^ City Attomev _.'- �_
� For ' ___._ __- - �
— � Routing 3 Mawr's Office � Mayor
� Doa Type: RESOLUTION I Order � 4 � —_ - Council �
E-Document Requiretl: Y 5 Citv Clerk ___ Ciri Clerk _' '
Document Contact: Evette Scarver I ! 6 Police Departrnent _ T Police Departrnen� i
Contact Phone: 266-5547
Total # of Signature Pages �_ (Clip All Locations for Signature)
' SignaWres on the attached council resolution authorizing the Ciry of Saint Paul, Police Depactment, to enter into the attached
' agreement with the State of Minnesota.
ne�ommenaanons: Hpprove (a) or
Planning Commission
CIB Committee
Civd Service Commission
7. Has this person/firm ever worked untler a contract for this tlepartment?
Yes No
2. Has this persoNfrtn 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
F�cplain all yes answers on separate sheet and attach to green sheet
. . .__- ___-_--__- .
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Provide services to State of Minnesota, Second Judicial Court, foi participants of the Second Judicial District DWI Court program
from October 1, 2007 through September 3Q 2009.
�
i — ---- - --
; Advantages If Approved:
'�, Partnership with Second Judicia] Cour[ to provide support and accountabiliry to participants
! pro`gram. This progxam will enhance public safeTy by holding repeat DWI Offendeis accountable.
�-- -- — —
�I DisadvaMages If Approvetl:
I None.
� i
--- °at�V�1Y��:
FEB 0 7 2008 I
_ !
� i
Disadvantages If Not Approvetl:
Inability to assist participan[s of the Second Judicial DWI Court progam,
V, TranSaction: � ��
Funding Source: StBte of
Financial Information:
(E�cplain)
CosVRevenue Budgeted:
_... ------�
of the Second Judicial DWI Court
nctivity Number: 436-34093
January 17, 2008 11:28 AM Page 1
CON'IRACT FOR SERVICES (non technology related) J1Q �/ /� /`
r/O �� 7
7HIS AGREEMENT, ar�d amrndmentc and supplemenu there[o, is between St�e of Minnesota, acting tivough its Second Judicial District, address IS W. Kellogg Blvd., St
Paul, MN 55102 (hereinafler "STATE") and the Citv of St Pwl Police Deoarlment aqing through iu St Pwl Police Departrnen; address 367 Grove Street St Paul. MN
55101 (hereinafter "CONIRACTOR") both polilical subd'msions within the Staze of Minnesota, which aze empowered to enter into jomt powers agreements pursuarit to
Mim. Stat 471.59, subd. ]0.
WI the STAI'E, pursuan[ to Miimesota SiaMes (2003) 484.68, subdivision 3(b), is etnpowered to manage the admin�sttative affairs of the d�strict court, and
WHEREAS, ttie STA1E desires to provide svpport services ar�d to insu�e parUCipants aze complying x�th DWI Court cules but Iackc suffiaert stat� and
WNEREAS, CONIRACTOR represents thaz it is duly qualified and willing ro perfolm the services set forth herein.
NOW, THEREFORE, it is ageed:
DOTIES. CONTT2ACTOR, who is not a STA7'E emptoyee, shall provide accountabitiTy and support services for part�cipants of the Second ]udicial District DWI
Court project under the direchon of the Judicial Distric[ Administrator. CONTRACTOR shall perEorm the Following functions:
1. Conduct random and scheduled field visiu within the Ciry of St Paul to participants' home, employment (if appropnate), or where the pazticipant is
regulazly found; provide reports to DWI court/cate manager.
2. Pursuant to order of the court, perfocm random breath teshng when appropria� during field visits.
3. If detect alwhol or drug use on the part of the partiapant or if participant fails breath testmg, contactjudge by phone to receive verbal order [o arrest
paztinpant
4. Attend DWI program staffmg meetmgs/court/Vamings where appropriate and feasibie
5. Participate with other criminal justice system stakeholders in continuing to develop and �mplemen[ policies and procedares for DWI Court in the
Second Judicial District to increase the number of offenders who remain alcohol free, reduce recidivism arnong drunken dnvmg offenders and
establish a systematic response toward subsfance abuse issues among a11 involved agenaes in Ramsey County.
II. CONSIDERATTON AND TERMS OF PAYMENT.
A. Considera6on fa all serviws perfmmed and goods or materials suppiied by CONTRACTOR pursuant to th�s contract shall be paid by the STATE as
foilovrs:
Compensation: fiftv-eieht dollars ($581 oer hour.
CONCRACTOR shall not be reimbursed For travet and subsistence expenses incurnd m[he perfoanance of this contrzct.
i. For Ute period of October 1 2007 throueh Seotember 30 2008 the CONIRACTOA shall be reimbursed for ac[ual cosis inwned in the
perfoRnance of this contract m an amount not to exceed fifteen thousand dollars ($15 0001
ii. For the period of October 1 2008 tivoueh September 30 2009 the CONTRACTOR sha0 be reimbursed for actual costs incuned in the
perfortnance of this contract in an amount not to exceed fifteen thousand dollars ( IS 0001
�ii. The total obligation of the STATE for alI wmpensa6on and reimbursements ro CON7RACTOR shall �ot in the w�e ate �ceed th�riv
fhousand dollazs !$30 0001
Terms of Payment Payments shall be made by the STATE promptly after CONTRACTOR'S presentat�on of invoices for services pe[formed
and acceptance of such services by the STAT'E'S authorized agen[ pursuant to Section VI Invoices shall be subm�tted in a form prescribed by the
STATE and according to the following schedule:
1 Monthly upon presentat�on of imoices itemizing the cosis.
2 CONTRACTOR sha0 be enlltled to paymrnt, detelmined on a pro rata basis, for services satisfac[orily performed.
III. TTME REQIJIl2EMENTS. CONTRACTOR shall comply with aIl of the time reqmrements described in this contract.
N. CONDITTONS OF PAYMEIV'C. AII services provided by CON"IRACTOR pursuant to this contract shall be perfortned to the sazisfaclion of the STATE, as
detrnnined at the sole discretion of its authorized representatiye, and in accord wi[h ihe CONPAACTOR'S duties set forth m sec[ion I of this conVact and a11
applicable federal, state, and local laws, ordinances, mles and regulalions. CON7RACTOR shall not recerve payment for work found by the STA1'E to be
unsakisfactory, or performed in violation of federal, stafe or local law, ordinance, mle or regulation.
V. 7'ERMS OF CON'I'RACT. This contract shall be effective on October I. 2007 ar�d shall remain m effect unti] Seotember 30 2009 or until all obl�gations set
forth in this contract have been sazisfactorily fulfilled, whichever occurs first CONCRACTOR UNDERSTANDS THAT NO WORK SHOULD BEGIN
i1NDER THIS CON'I'RACI' [1NTIL ALL REQUIRED SIGNATURF,S HAVE BEEN OBTAINED, AND THE STATE'S AU'I'EIOR�ZED
REPRESENTAI'IVE N017FIES CONTRACTOR TO BEGIN WORK
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VI. CANCELLATTON.
A This wntract may be cancelted by either party az any lime, wi[h or without cauce, upon thiriy (30) days' watten notice to the other pariy. In the event
of such a oncellatioq CONTRACTOR shall be entiUed to payment, detertnined on a pro rata bas�s, for work or serv�ces sazisfactorily perfocmed.
B. The S7'ATE may immediazely cancei th�s contract if it does not obtain fundmg from the Minnesota LegislaAUe, or other funding source, or if funding
cannot be conlinued at a level sufficient [o allow for the payment of the services wvered here. Cancellazion mus[ be by written or facsimile
tlansmission novice to CON11tACTOR The STATE is not oblivated to pay for any serv�ces that are prov�deA atter notice and effective date of
[em�inatioa However, CONCRACTOR will be enUtled to payment, determined on a pro rata basis, for services saTisfactorily perfonned to the e#ent
Ihffi fimds are avaitable. The STATE wilt not be assessed any penalTy if the contract is cancelled because of a decision of the Minnesota Legisla[ure,
or other funding source, not to appropriaze funds The STATE must prov�de CONIRACTOR notice of the lack of funding wiihin a reasonable time
of fhe STATE'S msziving that nolice. �
VIL STA7'E'S AUTHORIZED REPRESENTATIVE. The STATE'S Auihorized Represrntative for the puryoses of administration of [his contract is [,am Dease
Second Judicial Distrid Adminisha[oc Such representative shall have final authoriTy for acceptance of CONIRACTOR'S services and if such services are
acwpted as salisfactory, shall so certify on each �moice submitteA pursuant to Sechon II (B).
VIII. ASSIGNMEIVT. CONTRACTOR shall neithet assign nor transfer any nghts or obl�gations under this contract withou[ the prior written consent of the STATE
IX. AMENDMENTS. My amendments to this contrac[ shall be in writing and shall be executed by the same pazties who executed the original contract, or iheir
successors in office.
X. LIABILITY. Each pariy agrees that rt wili be responsible for �ts oum acts and/or om�ssions in cartying out the [ertns of this Agreement and the results thereqf to
the ealent authonzed bylaw and shalt no[ be responsible for the acts and/or omissions of the o[her party and the results thereof. The liab�lity of the
CONIRACTOR, its employees, officials and agents shall be govemed by provision oF the Minnesota Tort Cla�ms Act, Minnesoffi Statutes Chapter 466, et seq
and other appl�cable law. The IiabiliTy of the STATE shall be govemed by the prov�s�ons of the Mmnesota Tort Claims Aci, Minn. Stat 3J36.
XI. STATE AUDITS. The books, records, documents, and accounting procedures and pract�ces of the CONTRACTOR relevant to this contrac[ shall be subject to
exarmnahon by ihe wntracting departrnent and ihe Leg�slative Auditor for a mimmum period of s�x yeazs from the tertnmatio� of [his wnVact Records shall be
sufficien[ to reflect a71 cos7s incurted in perfonnance of this Contrac[.
Xli. CONFIDENTIALTI'Y, DISCLOSURE AND USE. CON'I'RACTOR shall not disciose ro any third party any info`mation that is both� (A) made available by
the STATE or its agents to CONTRACTOR in order to permit WNTRACTOR to perform hereunder or �s created, gathered, generated or acquired in accordance
w�th this contrac[; ar�d (B) inaccessible to the public pursuant [o the Rules of Public Access to Records of the Judiciai Branch promulgated by the Minnesota
Supreme Couq as the same may be amended from time m lime. If the CON7RACTOR receives a request to reiease the mfortnation referzed to in this Clause,
Ihe CONTRACTOR must immediately notify fhe STA'CE. The STATE will give the CONIRACTOR instructions conwming the release of the mfortnation to
the requestmg party before the information is released, unless governing law, mcluding the Minnesota Govemment Data Practice Ac[, requires other ac[ion or
inac[ion on Ihe part of the CONTRACTOR
XIIl. RICHTS IN AND TO INFORMATION, INVENTIONS, AND MATERIALS.
A. The STATE shall own all rights, [ifle and interest in all of the mazenals conceived or created by the CONTRACTOR, or its employees or
subcontrac[ors either indrvidually orjomtly with others and wh�ch az�se out of the perfortnance of this contract, including any report, study, computer
soflware, database, model, �mention, photograph, negalive, aud�o or video recording or other item or documents (hereafter "MATERIALS").
CONTRACTOR hereby assigns to the STA1'E all n@hts, t�tle and in[erest to the MA1'ERIALS. WNTRACTOR shall, upon request of the STATE,
exew[e all papers and perConn all other acts necessary to assist the S7ATE to obtam and register copyrights, patents or ofher fortns of protection
prov�ded by law for the MATERIALS. The MATERIALS creazed by CONIRACTOR, its employees or subcontrnctors, individuatly orjointly with
others shall be wnsidered "works made for h�re" as defined by the United States Copynght Ac[ CONTRACTOR shall remit all of the MA7'ERIALS
to the STATE upon wmpletion, temiina6on or cancellaz�on of th�s wntract. CONTRACTOR, its employees and subwntractors shall not copy,
reproduce, allow or cause to have the MATERIALS copied or reproduced or used for any putpose other than the performance of the
CONTT2ACTOR'S obtigations under this con[rac[ wrthout the wntten pertnissmn of Ihe STATE'S authonzed representative. Nothing m th�s Amcle
shall be consWed to limit the CONTRACTOR'S obligation [o comply wrth Article XI of this conVac[.
B. COIJ'fRACTOR represents and warrants thffi MATERIALS produced or used under this contract do not and will not infringe upon any inteltectual
property ri@hts of another, mcluding but not Ivmted to patents, copyrights, trade secrets, trade names, and service marks and naznes Without Iim�tmg
secfion X, CONTRACTOR shall indemniSy and defend the STATE ffi CONTRACTOR'S expense from any act�on or claim brought agains[ the
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STA1'E to the extent fhat it is based on a claim that alI or pazt of tt�e MA'IERIALS in&inge upon the intellecNal prope�Ty rights of another.
CONTRACTOR shall be responsible for payment of any and alI such claims, demands, obligations, Iiabilities, costs, and damages, including but not
limited to, reaSOnable atTOmey fces arising out of this contract, amendments and suppiements tltereto, which aze athibutable to such claims or actions.
if such a claim or action arises, or in CONTRACTOR'S or [he STA1'E'S opinion is likely [o arise, CON7'RACTOR shall, at the STA7'E'S
discretioq either procure for the STA7E the right or Lcense to wnUnue using the MATERIALS az issue or replace or modify the allegedly
infringing MATERIALS. This remedy shall be in addition to and shall noi be exdusive to other remedies provided by law.
XIV. AFFIRMpTNEACI'[ON.
A Covered Contracts and Contractors. If this contract exceeds $IOQ000 and CONTRACTOR employed more than 40 full-Gme employees on a
single working day during the prev�ous twelve months in Minneso[a or in the state where it hu �ts principle place of business, then
CONIRACTOR must comply with the requirements of Minn. Stat. § 363.073 and Minn. R. Parts 5000.3400-50003600. A contractor covered
by Mirm. Stat. § 363.073 because it emptoyed more than 40 fulb[ime employees m another state t7ia[ does not have a certificffie of compliance
mus[ certify that it is in compliance with federal affirmative ac[ion requirements.
B. Mina Stat § 363.073. Minn. Stat. ¢ 363.073 reqmres the contractor to have an �rtnative action plan for the employment of minonry persons,
womeq and qualifted d�sabled mdividua(s approved by the Minnesota Commissioner of Human Righ[s ("Comm�ssioner") as ind�cated by a
certificate of wmpliance. The law addresses suspension or revocation of a certiEcate of wmpLance and conVac[ consequences m that event A
contcact awarded w�thout a certificffie of compliance may be voided
C. Minn R. Parts 5000.3400-50003600 prov�de:
GeneraL Minn. R. Parts 5000.3400-5000.3600 impiement Minn. Stai. ¢ 363 073. These rules include, but are not I�m�ted to, criteria for
con[ents, approval, and implementation of �rtriative act�on plans; procedures for issuing certificates of compliance and criTeria for
determming a conhzctor's compl�ance stztus; procedures for addressing deficiencies, sanctions, and m[ice and hearing; annual compliance
reports; procedures for compiiance review; and contract consequences for non-compl�ance. The spuific criteria for approval or re�ection
of an affirtnative action plan are contained m vazious provisions of Minn. R. Parts 50003400-50003600 includmg but no[ Iim�teA to,
parts 50003420-50003500 and 5000.3552-5000.3559.
2. Disabled Workers. The contractor must comply wrth the following affianatrve action requirements for disabled workers:
The contrac[or must no[ discriminate against any employee or apphcant for employment because of phys�cal or men[al
d�sability in regard to any position for which Ihe employee or appl�cant for employment is qual�fied. The contrac[or agrees
to take �Rnative act�on to employ, advance m employment, and otherwise heat qualified disabled persons without
discrimination based upon their physical or mental disability in all empbyment practices such as the following:
employment, upgradmg, demo[ion or transfer, recruitment, adve�tising layoff or terminatioq ra[es of pay or other focros of
compensatioq and selection for Vaming including apprenticeship.
b. The contractor agrees [o comply wrth the rules and relevan[ orders of ihe Minnesota Departmen[ of Human R�ghts issued
pursuant to the Minnesota Human Rights Act.
c In the event of the contrac[or's noncompl�ance with the requvements of this clause, actions for noncompliance may be
[aken in accordance with Minn. Stat. § 363.073, and the rules and relevant orders of the Minnesota Deparhnent of Human
Rights issued pursuant to the Minnesota Human Ri�hts Ac[.
d The contractor agrees to post m wnspicuous places, available to employees and applicants for employment, mUCes in a
foim to be prescribed by the commissioner of the Minnesota DeparVnent of Human Rights. Such notices must stffie the
contractor's obligaVOn under the law to take �rmative action to emptoy and advance in empioyment qualified disabled
employees and applicantr for employment, and the ri�ts of applicants and employees.
e. The wntrac[or must not�fy each labor �nion or representative of workers with which it has a collec[ive bazgaining
agreement or other conirnct understanding, that the contractor is bound by the tertns of Minn Stat. § 363 073, of [he
Minnesota Human Rights Act and is committed to take a�rma[ive action to employ and advance in employme�t
physically and mentally disabled persons
D. Co�sequences. The consequenws for a wnVactor's faiWre to �mplemen[ its affirtnazive action plan or make a good faith effort to do so include,
bu[ are not Iimited tq suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commiss�oner to approve
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subsequent plans, and tertnination of all or part of this wntract by the Commissioner or the STATE. �� /�
E. Certification. CONCRACTOR hereby certifies that it is in compliance with the requirements of Minn. Stat § 363.073 and Minn. R. Parts
5000.3400-50003600 and is awaze of the consequences for non-compliance.
XIV. WORKERS' COMPENSAI'ION. In accordar�ce with the provisions of Mimiesota Stanaes, Section 176.i82, as enacted, the CONTRACTOR shall provide
acceptable evidence of compliance wrth the workers' wmpensation inswance covelage requirement of Minnesota Statutes, Section 176.181, subdivision 2, az
enacted, prior to commencement ofany duties to be perfomed under this comracC
XV- ANTITRUST. CONTAACTOR hereby acsi,� to the State of Minnesota arry and aIl daims for overcharges as to goods and/or services provided in cqnnection
witli this con4ac[ resulting from anlitnts[ violations which arise under the antitrust laws of fhe United Slates and Ihe antitrust laws of the State of Minnesota
XVI. O'I"fIER PROVISIONS.
A. Warranties.
Original Works. In pedortning iis oblie tions hereundet, CONIRACTOR will no[ use or inco[porate any trade secre[ infortnahon or
copyngJrted works of authorship of CON7RACTOR or of any third pariy, and except for wmponents aiready in the pubtic domaiq ali
software, documentation, infottnation and other ma[erials provided or fiunished by CONIRACTOR m perfocm�ng the duties under th�s
contrac[ will be origmal and will not violate or inffinge upon the rights of any third pazty.
2. Professional Services. COIJ'IRACTOR rcpresents and wartants to the STA'I'E that it ha5 the proper tcaining skill and background so as
to be abie to perform all services reqmred of CON['RACTOR pursuant to this contract in a competent and professional manner, and all
such work shall be of professio�al quality.
MuNal Represeniafions and Warranties. CON7RACTOR and the STATE each represent and warrant w the othet thffi: a) �t has the
fu0 right, power and wthonty to enter into this contract and to perfonn fully ail of its obligations hereunder, b) it is free of any obligation
or restric[�on that would prevent it from entermg into th�s contract or from performing fuliy any of its obligations hereunder, and c) it hu
not entered into and wilt not enter into any contract which would impede the full perfortnance of its obligat�ons hereunder or would in any
way limit w res4ict (he nghts of fhe other under this conMact.
B. Patent and Copyright Indemuity. W�thout limiting section X, CONIRACTOR shall indemnify the STATE and hold i[ hazmless against any claim
thaz the wmk perfortned or material prpvided heleunder infnnges or violates the pazent, copyright, or trade secret rights of any third party.
WNTRACTOR shall pay any and aIl resulling costs, expenses (including aftomey's fees), damages and/or iiabilities associated with or resulting from
any such claim.
C. Injuncfive RelieE Without limiting section X, CONTRACTOR aclmowledges that the STA7'E will be irteparably harmed if CON7RACTOR'S
obligations under sections XIl, XIII, and XVIl.B. of this conhac[ are not spectfically enforced and fha[ the STATE would mt have an adequate
remedy at law in the event of an actual or threatened viota[ion by CONTRACTOR of its obligations. 'Cherefore, CONTRACTOR agrees tha[ the
STA7'E shall be entiHed to an injunction or any appropriate decree of specific performance for any actual or threatened violation or breach by
CONTRACTOR without the necessity of the STATE showmg actual damages or that monetary damages would not afford an adequafe remedy
CONTRACTOR shall be I�able [o the STATE for reasonable attomey's fees incurted by the STA7'E in obtaining any rehef pursuant to th�s
section.
D. Relatianship of the Parties. CONCRACTOR is an mdependent contractor and shall not be deemed for any purpose to be an employee of the
STA7'E. CONIRACTOR understattds ard agrees thaz the STATE is not withholding ariy taees from the fees paid to CONTRACTOA pursuant to
this cqntract and i}ia[ CON7RACTOR �s solely respons�bie for any taces and other arnounts to be paid as a result of the fee5 pa�d to CONTRACTOR
pursuant to this contrac[ Neither CONTRACTOR nor the STATE shall have the rip�t nor the authoriTy to assume, create or incur any liability or
obligation of any kind, express or implied, against or in the narne of or on behalf of the other.
E. Consent to Release af Certain Data. Under Minn. StaL § 270.66 and other applicabte law, CON'IRACTOR consenTS to disclosure of its social
security number, fedeml employer tac �dentification number, and/or Minnesota ta� idenlification number, atready provided to the STATE, to federal
and state tac agencies and state personnel imolved m the payment of state obligations. These idenlification numbers may be used in the enforcement
of federal and siate tarz laws which could result in action reqmnng CONTTLACTOR to file siate tae retums and pay delinquent staYe [aa Iiabilities, �f
any.
F. pubiicity. Any publiciry regardmg the sub�ect matter of this conVaa must �dennfy the STATE as the sponsori�g agency and must not be released
without the pnor written approval from the STATE'S Authorized Representative. For puiposes of this provisioq publiciTy includes notices,
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infomiational parnphlets, press releases, research, reports, signs, and similar public notices prepazed by or for CONTRACTOR individually or
jointly with others, or any subcontractors, with respect to the progam, publicazions, or services provided resulting from this contract.
Notwithstanding anything in this contract to the contrary, either party may disclose to the public the exis[ence of this conffact, ihe partiu to the
wntracl, and the maTerial tertns of the contract, including price, projec[ed telm, and scope of work
G. Endorsement COIVTRACTOR muct not daim that the STATE endorses iis products or services.
H. Pioticss. A,ny vrtitYen nobce here}mder shall be deemed to tave been received when: (A) personally delivered, (B) srnt by confiimed facsim�le
transmission or telegam; (C) sent by commercial ovemigitt courier with written verificffiion of receip� or (D) sevenTy-two (72) hours after M1 has been
deposited m the United States maii, fi:st class, proper postage p�paid, addressed to ihe party to whom i[ is intended az: (I) the address first set forth
herein, if to COMRACCOR; (2) az the addless fvst set forth hereiq if to the STA7'E, with a copy ro Legal Counsel Drvisioq 145 Minncota ]udicial
Crnter, 2i Rev. Mar[in Luther King Jr. Blvd, St P�I, MN SS 155, or (3) az such other address of which written nollce has been givrn m accordance
herewith.
Non-Ezciusivity. This contract shali not preclude CONTRACTOR from developing materials outside th�s contract ihat are rqmpetitive, �rtespec[rve of
iheir similarity to materials delivered to the STATE under this contract; provided, however, that such mazerials prepared by CONI�RACTOA shall mt
violate Ute nondisclosure and intellec[ual property provis�ons of this contract Nothing m this contract shall be construed as predudmg or limiting in any
way the nght oPCON1RACTOR to provide services of any kind to any person or entiTy as CONTRACTOR m ifs sole discre4on deems appropria[e.
Miscellaneous.
I. The provisions of sec[ions V[i, X, XI, XII, XIII, XVI, and XV[I shall survive any cancellat�on ortertninazion of this contract
2. The failure by either Party at any time to enforce any of the provisions of this contrect or any nght or remedy available hereunder or at
law or m equity, or to exercise any option herein provided, shall not consti[ute a waiver of such prov�sioq right, remedy or option or
in any way affect the validity of this contract 'Ihe warver of any default by either Party shall not be deemed a continuing warver, but
sha0 apply solely [o the mstance to which such waiver is directed.
3. This conVac[ shall in all respecis be govemed by and interpreted, wnsWed and enforced in accordance with the laws of the United
States of America and of the State of Minnesota, without regard to Minnesota's choice of law provisions. Any action arismg out of or
relaUng to this contracy its performance, enforcement or breach wi(I be venued in a state or federal court srtuated within the State of
Minnesota. CONTAACTOR hereby irrevocably wnsents and submits �tself [o the personal �urisdiction of sa�d courts for thffi puipose.
4. Every provision of th�s conVact shall be construed, to the extent possible, So as to be valid and enforceable If any pmvision of [his
cpnhact so construeA �s held by a court of wmpetentjurisdict�on to be mvalid, illegal or otherwise unenforceable, such prov�sion shall
be deemed severed from this contract, and aIl other proviswns shall remain m full force and effect
5. This contract sets forth the en[ire aa eement and unders[anding belween the Parties regarding the subjec[ matter hereof and supersedes
any prior representations, statements, proposals, nego[�ations, d�scussions, understandings, or agreements regardmg the sarne subject
matter, prov�ded that all tertns and condifions of all preex�stmg contracts or agreemenis behveen the pazhes shall conVnue m full force
and effect except as supplemented or modified by this conhacL In the event of any inconsistency or conflict between the tertns of [his
contract and any other ageement benveen the part�es, the tertns of this contrac[ shall govem
SPpD DW[ Court PYO&09
IN WITTIESS WHEAEOF, the parties have caused this contract to be duly executed intending to be bound thereby. ` �
l. CONTRACTOR: Ciry of St Paul Police Department 2. STAI'E: Second Sudicial District D � J �"/�
D � C0 � Atfi: Karen Mazeck, 900 CH
CONTRACTOR certifies that ihe appropriate persons have e�cecuted the
contract on behalf of CANTRACTOR P�n si�ing certifies thaz applicable procurement policies have been
az r uireA b followed Where contract and arnendmrnts exceed $50,000, signaAUe of
e9 y applicable articles, by-laws, resolutions or ordinances.
(If a co`ponlion with more than one individual ing as colpora2e S�e Court Administrator or hedhis DepuTy is aLSO requ�red.
officer, two corporzte officecs must execute)
By
�
By
T'lte Chief of Police
D¢te
Tnle: Director
Date
!
�
Date
4.
SPPD DWf Court FY08
�'r �:
3. Funds have been encumbered as requireA by State Court Finance PolicY bV: