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08-281Council File # � � �$ � Green Sheet # 3050953 RESOLUTION MINNESOTA Presented by � 1 WFIEREAS, Saint Paul, Minuesota is a host city for the 2008 National Republican Convenrion to be held 2 between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC"); and � 0 9 10 11 12 13 14 15 16 17 18 WHEREAS, in order to provide the level of public safety and security required of an event the size and unique nature of the 2008 RNC, the City of Saint Paul, Minnesota, a municipal corporation (hereinafter referred to as the "City"), by and through its police department (hereinafter referred to as the "SPPD"), must undertake extraordinary public safety and security plauning measures within the boundaries of Saint Paul, to help ensure the safety and security of all persons who live, work and visit Saint Paul, during the 2008 RNC; and WHEREAS, in its capacity as the fiscal agent of a federal grant of $50,000,000.00, intended to cover the security costs incurred by state and local units of government directly related to the 2008 RNC, the SPPD is also acting as the lead local law enforcement agency, tasked to help facilitate the provision of 2008 RNC-related public safety and security measures by those certain state and locallaw enforcement agencies referenced in Attachment A attached hereto (hereinafter refened to as the "State and Loca1 Law Enforcement Partners"), in other locations throughout the greater Saint Paul-Minneapolis metropolitan area; and 19 WHEREAS, in order to accomplish the above-described tasks, the SPPD must negotiate and execute a 20 Joint Powers Agreement and/or Reimbursement Agreement (hereinafter collectively referred to as the 21 "Agreements"), in substance and form, substantially similar to those template Agreements respecrively 22 attached hereto as Attachments B and C, with each of the State and Local Enforcement Partners. 23 24 25 NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul City Council does hereby: 26 27 1) Approve the Agreements in substantially the form and substance submitted, and that all required City 28 signatories as set forth in the City's Administrative Code aze hereby authorized and directed to execute the 29 Agreements, on behalf of the City, with those State and Local Law Enforcement Partners designated by 30 SPPD Chief John Harrington, or his designee (the "Chief'). 31 �: : 32 2) Further authorize the Cluef, to negotiate and agree to any amendments, deletions or revisions to the 33 Agreements which do not adversely or materially change the rights or obligarions of the Ciry described in 34 the Agreements, provided that such amendments are acceptable in form and substance to the Saint Paul 35 City Attorney, and that the Chief is additionally authorized and directed to take all other acrions necessary 36 to implement this Resolution. 37 � Services �-_� �--I ' .. . -. . ��I : Adopted by Council: Date Adoption Certified by Coi ncil Secretary By: BY� � � //J�� Os� Approved Ma r: Date By: � Green Sheet Green,Sheet Green Sheet Green Sheet Green Sheet Green Sheet � bg��'g� PD - POliceDepa�ent 12-MAR-0B Green Sheet NO: 3050953 CoMad Person & Phone: Chief John Harrington 2655588 Must Be on Council Acen Doc. Type: RESOLUTION E-DOCUment Requlred: Y Document ContaM: Evette Scarvere Contact Phone: 266-5541 � Assign Num6er For RouGng Order ToWI # of Signature Pages _(Clip All Locations for Signature) 0 olice De artment Police De armient 1 olice De arm�ent Police De artment 2 ancial Services FSO Rm 700 CH 3 " Attorne CY At[orne 4 avor's O�ce Mavor 5 Council � Council 6 ' Clerk Ci Clerk 7 olice De artment Potice De artmeat Signatures on the attached council resolution authorizing the Saint Paul Police Depaztment to negotiate and execute a Joint Powers Agreement and/or Reimbursement Agreement with each State and Local Enfoicement Partners. iaations: a.pprove (A) or F Planning Commission CIB Commitlee Civil Service Commission 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person�rm ever been a Gity employee? Yes No 3. Does this perso�rm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Wtio, What, When, Where, Why): The SPPD is acting as the lead local law enforcement agency to help facilitate the provision of the 2008 RNC-related public safety and securiry measures. Advantages If Appfovetl: Public safery will remain the City of Saint PauPs top priority especially during ffie RNC convenrion. Disadvantages If Approved: None. Disadvantages If Not Approved: Los[ opportunity to par[nerslup with local and state law enforcements to provide safety to fhe City of Saint Paul during the RNC convention. Transaction: Funding Source: Financial Information: (E�cplain) Activity Num6er: Cosf/Revenue Budgeted: March 13, 2008 4:00 PM Page 1 . � I. . • The attachments with C.F. 08-281 are available for review in the Council Research Office. o8-�gl ATTACHMENT A State and L.ocal Law Enforcement Partners 1854 Treaty Authority Ada Police Department Adams Police Department Adrian Police Department Airport Police Department Aitkin Police Department Akely Police Department Albany Police Department Albert Lea Police Department Alexandria Police Department Amboy Police Department Annandale Police Department Anoka Police Department Apple Valley Police Department Appleton Police Department Arlington Police Department Ashby Police Department Atwater Police Department Audubon Poiice Department Austin Potice Department Avon Police Department Babbitt Police Department Bagley Police Department Balaton Police Dept Barnesville Police Department Battle Lake Police Department Baudette Police Department Baxter Police Department Bayport Police Department Becker Police Department Belle Plaine Police Department Bemidji Police Department Benson Police Department Big Lake Police Department Biwabik Police Department Bloomington Police Department Blue Earth Police Department Braham Police Department Brainerd Police Department Breckenridge Police Department Breery Point Police Department Breitung Police Department Brooklyn Center Police Dept. Brooklyn Park Police Department Browns Valley Police Department Brownton Police Department Buffalo Lake Police Department Buffalo Police Department Burnsville Police Department Catedonia Police Department Cambridge Police Department Canby Police Department Carver County Attorneys Office Centennial Lakes Police Department Champlin Police Department Chaska Police Department ChatField Police Department Chisholm Police Department Clearbrook-Gonvick Police Department Cleveland Police Department Cloquet Police Department Cold Spring/Richmond Police Dept. Coleraine Police Department Columbia Heights Police Dept. Commerce Dept, Insurance Fraud Division Conservation Officer MN Department of Natural Resources Coon Rapids Police Department Corcoran Police Department Cosmos Police Department Cottage Grove Public Safety Crookston Police Department Crosby Police Department Crosslake Police Department Crystal Police Department Cuyuna Police Department Danube Police Department Dayton Police Department Deephaven Police Department Deer River Police Department Deerwood Police Department Detroit Lakes Police Dept. Duluth Police Department Duluth Police Department Duluth Township PD Dundas Police Department Eagan Police Department Eagle Bend Police Department Eagle Lake Police Department East Grand Forks Police Department 1 � li ' Eden Prairie Police Department Eden Valiey Police Department Edina Police Department Elbow Lake Police Department Elk River Police Department Elko Police Dept. Elmore Police Dept. Ely Police Department Emily Police Department Eveleth Police Department Fairfax Police Department Fairmont Police Department Faribault Police Department Farmington Police Department Fergus Falls Public Safety Fisher Police Department Floodwood Police Department Forest Lake Police Department Franklin Police Department Frazee Police Department Fridley Police Department Fulda Police Department Gaylord Police Department Gibbon Police Department Gilbert Police Department Glencoe Police Department Glencoe Police Department Glenwood Police Department Glyndon Police Department Golden Valiey Public Safety Good Thunder Police Department Goodhue Police Department Goodview Police Department Grand Meadow Police Department Grand Rapids Police Department Granite Falls Police Department Greenbush Police Department Hackensack Police Department Hallock Police Department Hancock Police Department Hastings Police Department Hawley Poiice Department Hector Police Department Henderson Police Department Hennepin County Attorney's Office Henning Police Department Hermantown Police Department Heron Lake/Okabena Police Department Hibbing Police Department Hokah Police Department Hopkins Police Department Houston Po4ice Department Howard Lake Police Department Hoyt Lakes Police Department Hutchinson Police Department International Falls Police inver Grove Heights Police Dept. Isanti Police Department Ivanhoe Police Department Jackson Police Department Janesville Police Department Jordan Police Department Keewatin Police Department Kimball Police Department LaCrescent Police Department Lake City Police Department Lake Crystal Police Department Lake Park Police Department Lake Shore Police Department Lakefield Police Department Lakes Area Police Department Lakeville Police Department LeCenter Police Department Leech Lake Tribal Police Lester Prairie Police Dept. LeSueur Police Department Lewiston Police Department Lichfield Police Department Lino Lakes Police Department Little Falls Police Dept. Long Prairie Police Department Lonsdale Police Department Madelia Police Department Madison Lake Police Department Madison Police Department Mankato Public Safety Maple Grove Police Department Mapleton Police Department Maplewood Police Department Marshall Public Safety MCPA Medina Police Department Meirose Police Department Menahga Police Department Mendota Heights Police Department Messerli & Kramer, PA Metro Transit Police Department Milaca Police Department Mille Lacs Band of Ojibwe Tribal Police Minneapolis Park Police . i. , • Minneapoiis Police Department Minneota Police Department Minnesota BCA Minnetonka Police Department Minnetrista Department of Public Safety Minnetrista Public Safety Dept MN Chiefis of PoYice Association MN DOC - Special Investigations Unit MN Financial Crimes Task Force MN State Patrol Montevideo Police Department Montgomery Police Department Moorhead Police Department Moose Lake Police Department Mora Police Department Morgan Police Department Morris Police Department Morristown Police Department Morton Police Department Motley Police Department Mound Police Department Mounds View Police Dept. Mountain Lake Police Dept. Nashwauk Police Department Nevis Police Department New Brighton Department of Public Safety New Hope Police Department New Prague Police Department New Richland Police Department New Ulm Police Department New York Mills and Perham Police Dept. Newport Police Department Nisswa Police Department North Branch Police Department North Mankato Police Department North St. Paul Police Department Northfield Poiice Department Oak Park Heights Police Department Oakdale Police Department Olivia Police Department Onamia Police Department Orono Police Department Ortonville Police Department Osakis Police Department Osseo Police Department Ostrander Police Department Owatonna Police Department Park Rapids Police Department Parkers Prairie Police Dept. Paynesville Police Department Pelican Rapids Po{ice Dept Pequot Lakes Police Department Perham Police Dept. and New York Mills Police Dept. Pierz Police Department Pike Bay Police Department Pine River Police Department Plainview Poiice Department Plymouth Police Department Prairie Island Tribal Police Preston/Lansboro Police Department Princeton Police Department Prior Lake Police Department Proctor Police Department Public Safety Ministries Inc Ramsey Police Department Randall Police Department Red Wing Police Department Redwood Fails Police Dept. Renville Police Department Rice Police Department Richfield Public Safety Robbinsdale Police Department Rochester Police Department Rogers Police Department Roseau Police Department Rosemount Police Department Roseville Police Department Royalton Police Dept. Rushford Police Department Sacred Heart Police Dept Sartell Police Department Sauk Centre Police Dept. Sauk Rapids Police Department Savage Police Department Sebeka Police Department Shakopee Police Department Sherburn/Welcome Police Department Silver Bay Police Department Silver Lake Police Department Slayton Police Department Sleepy Eye Police Department Somerset Police Department South St. Paul Police Dept. Spring Grove Police Department Spring Lake Park Police Dept. Sprin�eid Poiice Department St. Anthony Police Department St. Chades Police Department St. Cloud Police Dept. St. Francis Police Department 6$�a�l Aitkin County Sheriffs Department Anoka County Sheriffs Department Becker County Sheriffs Department Beltrami County Sheriffs Department Benton County Sheriffs Department Big Stone County Sheriffs Department Blue Earth County Sheriffs Department Brown County Sheriffs Department Cariton County Sheriffs Department Carver County Sheriffs Department Cass County Sheriffs Department Chippewa County Sheriffs Department Chisago County Sheriffs Department Clay County Sheriffs Department Clearwater County Sheriffs Department Cook County Sheriffs Department Cottonwood County Sheriffs Department Crow Wing County Sheriffs Department Dakota County Sheriffs Department Dodge County Sheriffs Department Douglas County Sheriffs Department Faribault County Sheriffs Department Fillmore County Sheriffs Department Freebom County Sheriffs Department Goodhue County Sheriffs Department Grant County Sheriffs Department Hennepin County Sheriffs Department Houston County Sheriffs Department Hubbard County Sheriffs Department Isanti County Sheriffs Department Itasca County Sheriffs Department Jackson County Sheriffs Department Kanabec County Sheriffs Department Kandiyohi County Sheriffs Department Kittson County Sheriffs Department Koochiching County Sheriffs Department Lac qui Parle County Sheriffs Department Lake County Sheriffs Department Lake of the Woods County Sheriffs Dept Le Sueur County Sheriffs Department Lincoln County Sheriffs Department Lyon County Sheriffs Department Mahnomen County Sheriffs Department Marshall County Sheriffs Department Martin County Sheriffs Department McLeod County Sheriffs Department Meeker County Sheriffs Department Mille Lacs County Sheriffs Department Morrison County Sheriffs Department Mower County Sheriffs Department Murray County Sheriffs Department Nicollet County Sheriffs Department Nobles County Sheriffs Department Norman County Sheriffs Department Olmsted County Sheriffs Department Otter Tail County Sheriffs Department Pennington County Sheriffs Department Pine County Sheriffs Department Pipestone County Sheriffs Department Polk County Sheriffs Department Pope County Sheriffs Department Ramsey County Sheriffs Department Red Lake County Sheriifs Department Redwood County Sheriffs Department Renville County Sheriffs Department Rice County Sheriffs Department Rock County Sheriffs Department Roseau County Sheriffs Department Scott County Sheriffs Department Sherburne County Sheriffs Department Sibley County Sheriffs Department St. Louis County Sheriffs Department Stearns County Sheriffs Department Steele Gounty Sheriffs Department Stevens County Sheriffs Department Swift County Sheriffs Department Todd County Sheriffs Departme�t Traverse County Sheriffs Department Wabasha County Sheriffs Department Wadena County Sheriffs Department Waseca County Sheriffs Department Washington County Sheriffs Department Watonwan County Sheriffs Department Wilkin County Sheriffs Department Winona County Sheriffs Department Wright County Sheriffs Department Yellow Medicine County Sheriffs Department State Apencies D.N.R. State Patrol B.C.A. Dept. of Corrections , i: , : ATTACHMENT B JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "AgreemenP'), is made effective, except as otherwise made operationally effecrive as set forth in Section 4 herein, on this _ day of , 2008, by and between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department (hereinafter referred to as the "SPPD") and , a [insert name of city/county/state and type of entity and state where authorized to operate] acting through its [insert name of law enforcement organization of city/county/state if different from entity with authority to contract](hereinafrer refened to as the "Provider"). WHEREAS, the City is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC"); and WHEREAS, the City has entered into a"City Service Agreement For The 2008 Repubiican National Convention" with the Minneapolis Saint Pau12008 Host Committee, Inc., a Minnesota non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota and a11 other Special Event Venues, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul-Minneapolis metropolitan azea to which the RRT may be deployed or such other locations that may be subject to a Unified Command, all as more fuliy described herein (hereinafter such above-described locations shall be collectively refened to as the "Security EvenY'); WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the finsert name of Provider's law enforcement organizationl provides law enforcement services to the Provider pursuant to the police powers and law enforcement authority granted under the laws of the State of ( l; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel idenfified in this Agreement to the City to assist the SPPD with the Security Event and in staffing a rapid response team (herein referred to as the "RRT") comprised of licensed peace officers employed by the SPPD and certain other law enforcement organizations, that will be established for the exclusive purpose of providing public safety- related aid and assistance to law enforcement organizations throughout the greater Saint Paul- 1 GS-�S) Mivueapolis metropolitau azea, provided that such aid and assistance is actually and directly related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary circumstances, all as more fully set forth in Section 3.6 herein; and WHEREAS, subject to the terms and conditions contained in Section 3.6 herein and to the e�ent warranted by e�aordinary circumstances as defined therein, the [insert name of Provider's law enforcement organizarion] may wish to avail itself of the aid and assistance from the RRT within the legal boundaries of the Provider. NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto sha11 derive hereby, the Parties agree as follows: 1 PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON- LPOS 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with the professional services of those certain licensed peace officers identified on Attact�ment _attached hereto (such licensed peace officers identified on Attachxnent shall be collectively referred to herein as the "LPOs") to assist the SPPD with the Security Event inciuding the RRT, and to set forth the terms and conditions in which the Provider, if necessary can auail itself of the aid and assistance of the RRT. l.l.l Subject to the prior written approval of the SPPD, the Provider may also provide the City with persons who aze employed and actively utilized by the Provider in a public safety capacity who do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety training and experience may enable such persons to provide fiu4her assistance to the SPPD with regard to the Security Event (hereinafter such persons aze identified on Attachxnent aitached hereto, and shall be collectively refened to herein as the "Non-LPOs") (an example of a Non-LPOs might include parking enforcement and/or traffic control officers, detention staff, special deputies, and emergency center dispatchers). If the SPPD, in its sole discrefion, desires to use any Non-LPOs, the SPPD will so nofify the Provider in writing of the condifions by which the Non-LPOs will be used, and such writing will be incorporated as an addendtun to this Agreement. 1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads: "(1) the peace officer has successfully compieted professionally recognized peace officer pre-employment education which the Minnesota Boazd of Peace Officer Standazds and Training has found comparable to Minnesota peace officer pre-employment education; and 2 �� ' / (2) the officer is duly licensed or certified by the peace officer licensing or certificauon authority of the state in which the officer's appointing authority is located." 2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the LPOs shall also meet the following criteria: A. That each LPO shall by reason of experience, traiuiug and physical fitness be deemed in the sole discretion of the SPPD, that she/he is capable of perforining the duties required by the SPPD of each such LPO during the Security Event; and B. That: (i) each LPO shall have been employed as a licensed peace officer for a minimtun of two (2) years in the United States; or (ii) in the event that an LPO has been employed as a licensed peace officer for less than two (2) years in the United States, that such LPO will at all times when providing the services described in this Agreement, be directly supervised by an LPO who in addition to satisfying the minunum criteria described in this Section 2.1 B. (i), sha11 also possess sufFcient supervisory skills and experience generally recognized and accepted throughout the greater Saint Paul-Minneapolis law enforcement community; and C. That each of the LPOs are officers in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the SPPD in the event that any LPO is no longer an officer in good standing with the Provider. D. That throughout the term of this Agreement and subj ect to Chapter 13, Minnesota Statutes, commonly lrnown as the "Minnesota Governmental Data Practice AcP' (hereinafter referred to as the "MGDPA"), the Provider sha11 give notice using the form attached hereto as Attachment _, to the SPPD of any internal afFairs type of investigations either pending and/or sustained against any LPO during the past three (3) years, involving excessive/unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer; and E. That unless othenvise provided or requested by the SPPD, each of the LPOs sha11 be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day_and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor that are required to be worn by each LPO while on duty for the Provider; see Attachment _attached hereto for uniform and equipment list; and F. That Provider shall furnish all of the information required in Attaclunents . i: • and _attached hereto for each LPO and Non-LPO no later than 2007, with the understanding that the City will hold the data in the same classification as the Provider does under the MGDPA. 2.1.1 Provider acknowledges and agrees that at anytime during the term of this Agreement the City has the sole discretion to decline to accept and/or use any LPO or Non-LPO without cause or explanation. 2.2 The Provider agrees to provide the City with the following services: A. That upon reasonable advance written notificafion from the SPPD, each LPO so designated by the SPPD shall-participate in training activities related to the Security Event including the RRT, that are coordinated or conducted by the SPPA or its designee (hereinafter each such training session shall be referred to as a"Security Event Training Session") for a period of tnne commencing from the Security Event Training Session Commencement Date to the Security Event Training Session Termination Date as those respective terms are defined in Section 4 herein; and B. That upon reasonable advance written nofification from the SPPD, each LPO so designated by the SPPD shall participate in the Security Event and/or the RRT for a period of time commencing from the Security Event Commencement Date to the Security Event Termination Date as those respective terms are defined in Section 4 herein. C. That each LPO agrees to be placed by the SPPD, if so determined by the SPPD, in an"On Assignment" status in which the LPO is physically proximate to a Security Event location within the City of Saint Paul or to a Security Event location to which the RRT may be deployed, so as to be able to physically report in a timely manner to such duty post assigned by the SPPD prepared to undertake the specific job task or responsibility assi�ed to such LPO by the SPPD related to the Security Event. D. That at the request of the SPPD, each LPO and Non-LPO shall participate in and/or provide information to and otherwise cooperate with the SPPD in any "after action activities" following the conclusion of a Security Event Training Session, the Security Event andlor a deployment of the RRT. For purposes of this Agreement "after action activities" may include, but not be limited to the following activities related to Security Event Training Sessions, the Security Event and the RRT: debriefings of information and experiences, completion of surveys and 0 68 ��g � questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. 23 Notwithstanding Section 12 herein, Provider aclaiowledges and agrees that at all tunes during each Security Event Traiuiug Session, the Security Event and during each deployment of the RRT each LPO regardless of such LPO's rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command (herein referred to as "Unified Command"). 2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. By way of illustration only, such cooperation and information may include, but not be limited to the Provider's timely completion and production of information required for insurance purposes and audit purposes. CITY RESPONSIBILITIES 3.1 City agrees that it will provide or facilitate the Security Event Training Session[s]. The substance of the tra3ning, including the locarions, dates and fimes of any Security Event Training Session, shall be detailed in a separate writing provided from the SPPD to the Provider. 3.2 The City anticipates certain fmancial assistance will be provided to it by the federal government and/or third parties other than the City (hereinafter referred to as the "Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the necessary costs of participaring in the Security Event Training Session[s], the Security Event, the RRT and any "after action activities" related thereto. Subject to the City's good faath duty to provide the Provider with as much advance written notice that is reasonable under the circumstances that the Security Subsidy is insufFicient to reimburse all or a portion of the costs and expenses described in this Agreement, Provider acknowledges and agrees that the City's obligation to reimburse such costs or expenses sha11 be limited only to the funds available in the Security Subsidy; in such event, City agrees that funds available sha11 be distributed between/among Provider and any other law enforcement organizations providing services under this or similar agreements in, at least, a ratio based on each organization's contribution as a share of the total contributions 3.3 Subject to the prior written approval of the City and the Provider's compliance with the requirements of Section 5 of this Agreement, the City agrees to provide reimbursement from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are actually utilized by the SPPD during the Security Event Traiiiing Sessions, the Security Event and the RRT for the following: the prevailing contract wages together only with the employer's share of Medicare and PERA contributions being paid by the Provider to , � / • each LPO and Non-LPO (based on such wages and employer's share of Medicaze and PERA contributions described in Attachment _attached hereto) at the tnne the services of such LPO or Non-LPO have been actually utilized by the SPPD in accordance with this Agreement. Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in accordance with this Agreement for any pre-approved reimbursable costs (including costs of overtime if applicable) incurred by the Provider related to the actual participation by an LPO or Non-LPO in a Security Event Training Session only upon the satisfacrion of one of the following conditions: (a) the actual participation by an LPO or Non-LPO in the Security Event and/or the RRT as required by the SPPD; or (b) the LPO or Non-LPO was ready, willing and available to participate in the Security Event and/or the RRT as required by the SPPD hereunder despite the LPO or Non-LPO not having actually participated in the Security Event and/or the RRT due: (i) to such LPO or Non-LPO having been placed by the SPPD on a standby-like status; or (ii) if, upon prior written approval of the SPPD, such LPO or Non-LPO is needed to provide backfill services for the Provider as a direct consequence of a co-LPO or co-Non- LPO who actually participates in the Security Event and/or RRT. For purposes of this Section 33 (b)(ii), "backfill services" sha11 mean those law enforcement related services that the Provider would not require, but for the Security Event. 3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and implementation of this Ageement, which responsibilities sha11 include, but not limited to, determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom (hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, a11 contact or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.5 The City sha11 provide the Provider with the eligibility guidelines for the costs described in this Section 3 and a checklist for submitting the Reimbursement Payment Form attached hereto as Attachment _, and related required documentation. 3.6 Provider aclrnowledges and agrees that the SPPD, in its discretion, may assign some of the LPOs to the RRT. The RRT wili be established for the sole and exclusive purpose of providing public safety-related aid and assistance as requested by law enforcement organizafions with the legal responsibility for providing police services to local units of government throughout the Twin Cities metropolitan area (hereinafter refened to as the "Requesting Party"), provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC; and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For purposes of this Agreement, the term "extraordinary circumstances" shall mean those circumstances that significantly exceeds the usual and customary ability of the Requesting Party to effectively and safely provide police services within its jurisdictional boundaries (which by way of example only, may include, but not be limited to, providing security for critical infrastructure, transportation routes and venues and facilities). Nothing contained in this Agreement shall preclude the Provider from also becoming a Requesting Party and availing itself of the RRT an accordance with this Section 3.6. hCI i �yj' VO 4 TERM OF AGREEMENT 41 Unless otherwise terminated eazlier as provided in Section 16 herein, this Agreement shall become operationally effective as follows: 4.1.1 Securitv Event Traiuiue Sessionf sl — The Security Event Trainiug Session Commencement Date and the Security Event Training Session Termination Date shall be the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this Agreement which writing will incorporate the terms and condirions of this Agreement. 4.1.2 Securitv Event - The Security Event Commencement Date and the Security Event Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be provided by the SPPD to the Provider, which writing will incorporate the terms and conditions of this Agreement. 4.13 The SPPD reserves the reasonable discretion to extend the Security Event Training Session Termination Date[s] and the Security Event Termination Date upon verbal or other non-written notice provided to Provider. BILLINGS AND PAYMENTS 51 That in consideration for the Provider's faithful performance of this Agreement, the City hereby agees to compensate Provider from the Security Subsidy as provided in Sec6on 3 herein and this Section 5. Notwithstanding any othez provision contained 'm this Agreement, the Provider agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable in Section 3 herein, sha11 not exceed the amount of $ , unless otherwise agreed to in writing by the City. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the Provider for approved reunbursable costs and expenses described in this Agreement for which the Provider has completed and delivered to the City a11 of the documentation required herein, sha11 be made no earlier than the Security Event Ternvnation Date. Subject to the conditions described in this Secfion 5.2.1, the City shall make every effort to make the payment to the Provider within thirty-five (35) days after the City's receipt of all of the documentation required herein. 5.2.2 As a condition precedent to receiving any reimbursement from the City for approved reimbursable costs and expenses described in this Agreement, the Reimbursement Payment Form, attached hereto as Attachment_, must: D$'�� A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise e�ctended with the written consent of the City. The Reunbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the Provider's Chief Financial Officer or his/her designee, detailing the total amount sought to be reimbursed and a including a suimnary narrative and cost overview that provide context to the submission, including any unusual circumstances, all provided under the following certification: "I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that a1l information was obtained fi�om payroll records, invoices or other documents that are available for audit. "; and C. Include an itemized invoice as specified on checklist; and D. Include all back-up documentation, as outlined on the checklist provided by the City to the Provider. 5.2.3 In addition to any other requirements contained herein, Provider agrees that it will promptly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regazding this reimbursement process should be directed to: Lori Lee or designee, Office of Financial Services. 5.2.5 The Provider aclrnowledge and agree that the City's obligations to provide reimbursement pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and that the City shall not be liable for any payxnent hereunder: (i) to the extent that the Security Subsidy is insufficient to fully reimburse the Provider and the City provides the notice described in Section 16 of this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy determine, independent of the City and the SPPD, that a cost that may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible for rennbursement and that any payment for reimbursement previously made by the City to the Provider is deemed to be ineligible by the funder[s] and is required to be returned to the funder[s]. r: � - 5.3 In the event the Provider fails to compiy with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. 6 AGREEMENT MANAGEMENT 61 In addition to the person described in Section 23 of this Agreement, the Provider has identified the foliowing person[s] as persons to contact only with regazd to the foilowing matters regazding the Agreement: (List names) (List responsibilities) WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 7.1 For purposes of tlus Agreement, the following words and phrases shall haue the meanings set forth in this section, except where the context cleazly indicates that a different meaning is intended. "Work product" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to SPPD or results from Provider's services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other foz'mat and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" sha11 mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and pertain to work performed under this Agreement. 7.2 All deliverable work products, supporting documentation and business records or copies thereof, that aze needed from or are the results from the Provider's services under this Agreement sha11 be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery. 73 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the wark performed under this Agreement without prior notice to the other. Except as otherwise required by federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any security information, security service ar security service data, defined under Minnesota Stahxtes, Secrions 1337 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. , • �, � 7.4 In the event of tennination, all supporting documents and business records prepared by the Provider under this Agreement, shall be delivered to the City by Provider by the termivation date. 7.5 Both the City and the Provider agree to maintain ali business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at a11 reasonable rimes during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 7.6 Both the City and the Provider agree to abide shictly by Chapter 13 , Miiuzesota Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 1337, Subd. 1(b), 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 8 EQUAL OPPORTiJivITY ENII'LOYMENT Neither the City nor the Provider will not discriminate against any employee or applicant for employment far wark under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regazd to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision sha11 include, but not be lunited to the following: employment, upgrading, demotion, or transfer; recruihnent advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 4 COMPLIANCE WITH APPLICABLE LAW Both the City and the Provider agree to comply with all federal, state, and locallaws or ordinances, and all applicable rules, regularions, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to theu respective performances of the provisions of this Agreement. 10 CONFLICT OF INTEREST 10.1 Both the City and the Provider agree that it will not contract for or accept employment for the perFormance of any work or services with any individual, business, corporation, or government unit that would create a conflict of interest in their respecfive performances of their obligations pursuant to this Agreement. L[1 �� = 10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with Chapter 24.03 of the Saint Paul Adnunistrative Code, which provides that: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." 10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest become known, the party learning of such conflict or potential conflict shall advise the other party of the situation so that a deternrination can be made about each parry's ability to continue performing services under this Agreement. 11 INSURAI�TCE 111 The Host Committee for the 2008 RNC, at its own cost,_sha11 provide the following insurance coverage in which the Provider shall be covered as a named insured party: A. Police Professional Insurance (the "Insurance Coverage") providing coverage for claims arising out of actions of each LPO and Non-LPO who provide security and law enforcement during the convention and convention related events with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the Provider providing at least a ten (10) day notice of cancellation or any significant material change in coverage. 11.11 The Provider agrees to be bound by the terms and conditions contained in the Insurance Coverage. 11.1.2 The Provider acknowledges and agrees that the Insurance Coverage shall only provide coverage for the LPOs and Non-LPOs for the period of time between the Security Event Commencement Date and Security Event Termination in which the LPO has been "On AssignmenY' as that term is defined in Section 2.2 C of this Agreement. 11.13 The Provider agrees that is shall cooperate with the insurer who will be unden�riting the Insurance Coverage by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 11.13, this cooperation will include, but not be limited to both the underwri6ng process and the ciaims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. ll.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs. The Provider will maintain workers' compensation insurance or self-insurance equivalent coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non- LPOs aze providing services pursuant to this Agreement. The Provider waives the right to sue any other party for any workers' compensation benefits paid to its own LPOs or Non- LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused 11 � 1 i � wholly or partially by the negligence of any other party. 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 23, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Bvent Training Session[s] and the Security Event, each LPO shail be required to comply with the rules of conduct established by the Provider and the SPPD. In the event that a conflict exists between the Provider's rules of conduct and the SPPD's rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee sha11 refer disciplinary matters involving LPOs to the Provider for an investigation that may be jointly conducted by the SPPD and the Provider unless, based on the judgment of the Coordinator or his designee, a particular matter represents probable cause for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the wark contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUrTITIES 14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representa6ves and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shali not be responsible for the acts and(or omissions of the other party and the resuits thereof. Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either pariy has with regard to its status under the insurance coverage described in Section 11 of this Agreement. 14.2 It is understood and agreed that each pazry's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common-law fi►.l �g �.�) immunity or limitation of liability, all of which aze hereby reserved by the parties hereto. 15 ASSIGNMENT The City and the Provider each binds itself and its successors, legal representatives, and assigns of such other pariy, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. 16 EVENTS OF DEFAULT; TERNIINATION 16.1 Bv the Citv - The City may ternunate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse a11 or a portion of the costs and expenses described in Section 3 of this Agreement, which determination must be made and disclosed to the Provider priar to the 5ecurity Event Commencement Date; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Secrion 11 of this Agreement in a timely manner determined by the City; D. the failure of the Provider to comply with or perform any term, condition or obligafion contained in this Agreement and to fail to cure such default within seven (7) calendar days after the City or SPPD provides Provider with notice of such default. 16.2 Bv the Provider - The Provider may terminate this Agreement based on the occurrence of any of the following events: A. without cause, prior to any Security Event Training Session[s] Commencement Date[s] in which any of the Provider's LPOs shall participate; B. the cancellation of the 2008 RNC; C. the failure of the Host Committee to provide the Provider with evidence in the forxn of a certificate of insurance naming the Provider as a named insured in the policy of insurance coverage described in Section 11 of tlus Agreement; 13 bg-a�� D. the Provider's receipt of the notice described in Section 3.2 of this Agreement; E. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendaz days after the Provider provides the SPPD with notice of such default. 16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice of an event of default in this Secfion 16, to the other pariy that is reasonable under the circumstances. 16.4 In the event of termination, the City will only pay Provider for those services actually, tunely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 17 GOOD FAITH DISPUTE RESOLUTION The City and the Provider sha11 cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and tnnely manner. In the event such a dispute arising out of or relating to this Agreement or breach thereof cannot be resolved exclusively among the parties, such dispute sha11 be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of inediation. The mediator sha11 be selected by the parties, or if the parties are unable to agree on a mediator then any pariy can request the administrator of the Ramsey County District Court Civil ADR Program and/or similaz person, to select a person from its list of qualified neutrals. The mediation shall be attended by employees or agents or each party having authority to settle the dispute. All expenses related to the mediation sha11 be borne by each party, including without lunitation, the costs of any experts or legal counsel. All applicable statutes of limitations and a11 defense based on the passage of fime are tolled while the mediation procedures are pending, and far a period of 30 days thereafter. 18 AMENDMENT OR CT3ANGES TO AGREEMENT 18.1 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 hereto, after all appropriate and necessary authority has been acquired by each such parry. 18.2 Modifications or additional schedules sha11 not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such 14 D��gl amendment, modification, or supplement. The term "this AgreemenY' as used herein shall be deemed to include any future amendments, modificarions, and additional schedules made in accordance herewith. EG�Y�S�C��S.� Except as otherwise ststed in tlus Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Retlun Receipt Requested. Any notices or other communications sha11 be addressed as follows: To City: To Provider: 20 WAIVER Any fault of a party hereto to assert any right under this Agreement sha11 not consfitute a waiver or a terxnination of that right, this Agreement, or any of this AgreemenYs provasions. 21 SURVIVAL OF OBLIGATIONS 21.1 The respective obligations of the City 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. 21.2 If 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 temunated but the parties hereto legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement sha11 continue in effect. 22 INTERPRETATION OF AGREEMENT, VENUE This Agreement shall be interpreted and constnxed according to the laws of the State of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. 15 og�� 23 24 I�177�1 �1% _/:IIJ�1� 7 �J Neither the City nor the Provider shall be held responsibie 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 natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrarive authorities. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes a11 oral agreements and negotiarions between the parties hereto relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto aze authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL By: Its: Mayor Date: Approval Recommended: By: Its: Chief of Police Saint Paul Police Department By: Its: Director, Office of Financial Services By: Its: Director, Depaztment of Human Rights Approved as to form and legality: .�rYII �►La I�1 `/CKIlU►1�MY1] � By: Its: Date: Approval Recommended: By: Its: : Approved as to form and legality: 16 bS By: By: Its: Assistant City Attorney Its: Funding: Provider's Taxpayer I.D. No_ Activity # and ActiviTy Manager Signature �*********�:****�*********�***�******:��****:�*�**��***�****�:****�**�**�***�**� 17 �� : a � Z W � U Q ~ Q Z � F- Z 11A � � � O (j �O J Z O E � F N �Za a ¢ °i � U d Z J � Q m � � a E LL W "� 0 � � � � U 0 U N � ui Q Z � w � � � a � � 3 C O � E `o `c Q U Z � m 0 0 n N L O � N .: � �o > > o m ao N U � Z m °' m N � a m � � m � d m T L j N N � N � � „O � U n � d� � � U w � O v' O O N U U T "� C > O C z � o c n m a� � � y � o `o� := m m m � � a'� � N Ol N � u p c � � U � � ry U d y oa c o � � m �O T c n m � � o � � a N = C r 'm U O N O N N m N a Db ' �"g � m � Z W � _ U Q F F Q Z O H Z W > � O O � J Z Z d Z O E ��-m ?Za Q Z � a¢� F U � y a y a E O�� o Z CJ N� LlJ � Z � w O > K a � 0 � � _ � a 0 N 3 c 0 � E 0 c Q U Z K � 0 0 N N L O 9 N � � O a y � U � N J y 9 � � N N R � N r- r 4 � N U l6 N > M @ O � N O r N N i L J " U � C � .� � O � U V T 9 C � o d � o `o � a o a 3 � � U � O @ > U C d � a� m � N � � d C R d � C � C � N d m °- a c � O � m E u C U = U1 m a � U � � a_ `a o U R _ n � m � N O N N a ATTACHMENT C t Ob � � INTERNAL AFFAIRS NOTICE FORM �,...�.�.��.��,�.��..�«.�.��.�.��..�,��.��.�� If an LPO has a pending and/or sustained internal affairs type of investigations within the past three (3) years, involving one of the below types of conduct, Provider must submit this form to SPPD, at the time the data is created or collected, all data of each investigation and any later final disposition for: 1. Excessive/Unnecessary/Unreasonable Use of Force; 2. Improper Conduct; or 3. Conduct Unbecoming of a Licensed Law Enforcement Officer. ��.,,��*��.��,��..��.,��.��...��..� Date: Provider's Provider's Representative Submitting Contact Telephone Number for Provider Representative: LPO Name: Conduct Under Investigation: 1. Excessive/Unnecessary/Unreasonable Use of Force; 2. Improper Conduct; or Name) 3. Conduct Unbecoming of a Licensed Law Enforcement Officer. Status of Investigation: 1. Pending; 2. Completed; and/or 3. Findings; and/or 4. Final Disposition Made. If final disposition has been made, what were the findings and final disposition? b8' 2�d � ***Attach all data of pending or completed investigation/s/ and final disposition /s/ to this form. ATTACHMENT D EQUIPMENT LIS'f b �.�) Line Patrol (See JPA §2.1 E) - Seasonally appropriate patroi uniform of the day and equipment supplied by Provider, including but not limited to: 2. Normal Line Patrol Working Uniform -Provider's; Outer wear Uniform appropriaYe for conditions, i.e. jackets and hats - Provider's; 3. Rain weaz, 4. Duty Belt with Provider's approved items, i.e. Taser, Mace etc.; 5. Portable Radio - Provider's ; 6. Sidearxn - Provider Approved; 7. Personal Armor - Provider's; 8. Traffic Control Vest; 9. Riot Helmet - if Provider required and provided; and 10. Gas Mask - if Provider required and provided; Specialtv Assiqnments (See JPA §2.1 E) - If the LPO is assigned to one of the below special detail assignments, then the LPO is required to have whatever personal specialty equipment that is supplied and required by the LPO's agency for that special detail assignment (if other personal specialty equipment is required for the Security Event, SPPD will provide): 2. 3. 4. 5. 6. 7. 8. 9. Motorcycle; Bicycle; Horse; Canine; SWAT; Bomb; Water patrol; and Civil Disturbance; Etc. b g,�) ATTACHMENT E LPO CRITERIA CFIECKLIST Each Provider must state that each of the LPOs they are submitting for service under the Joint Powers Agreement meets the following criteria: A. Education and Licensing _ 1. Is a peace officer who has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre-employment education; and _ 2. Is an officer who is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located. (From Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12); and _ 3. Is, and has been, employed as a licensed peace officer for a minimum of two (2) years in the United States. _ B. Capable - Is, by reason of experience, training and physical fitness, deemed capable of performing the duties required by the SPPD during the Security Event by the sending agency. C. Good Standing Is currently in good standing with the Provider; and 2. Is an officer without any pending and/or sustained internal affairs type of investigations within the past three (3) years, involving excessive/unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer. (If an officer has a pending and/or sustained internal affairs type of investigations within the past three (3) years, for one fo the above types of conduct, Provider must submit to SPPD, at the time the data is created or collected, all data of each investigation and any later final disposition, using Internal Affairs Reporting Form. If there are any pending investigations at the time Provider submits the Pre-Convention Information Form. Provider must submit the Internal Affairs Reporfing Form then. Provider is also obfigated to continuously update the SPPD on any subsequent data of this type, for each LPO, using the Internal Affairs Notice Form JPA Attachment C). D. Equipment ` 1. Line Patrol - Is equipped and/or supplied by Provider at Provider's own bg- �-� ) expense, not to be reimbursed under the JPA, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to (See JPA Attachment D): a. Normal Line Patrol Working Uniform -Provider's; b. Outer wear Uniform appropriate for conditions, i.e. jackets and hats - Provider's; c. Rain wear; d. Duty Belt with Provider's approved items, i.e. Taser, Mace etc.; e. Portable Radio - Provider's ; f. Sidearm - Provider Approved; g. Personal Armor - Provider's; Traffic Control Vest; Riot Helmet - if Provider required and provided; and Gas Mask - if Provider required and provided. _ 2. Persona! Specialty Equipment- !s equipped and/or supplied by Provider at Provider's own expense, not to be reimbursed under the JPA, with personal specialty equipment required to fulfill listed assignments for any specialty detail of the following: a. Motorcycle; b. Bicycle; c. Horse; d. Canine; e. SWAT; f. Bomb; g. Water patrol; and h. Civil Disturbance; i. Etc. Pre-RNC Required Information for Licensed Peace Officers and Election of Option Form A. Information required on the form: 2. 3. 4. 5. � r� Employee Name; Rank; Years of Service; Internal Affairs Information; Regular Hourly Rate of Pay for the Named Officer Under Current or Settled Union Contract; Overtime Hourly Rate of Pay for the Named Officer Under Current or Settled Union Contract; and Anticipated Reimburse Cost items. SPPD needs to be able to anticipate and determine costs associated with meals, travel and lodging. Therefore, SPPD needs each Provider to submit travel and lodging cost they will seek reimbursement for on the form, for each officer. Also, if an officer is not going to eat SPPD supplied meals, SPPD needs to know that information also, since it is a cost item. /! ' a. Meals - SPPD will provide meals for ali officers while attending the Security Event Training, the Security Event, and any After Action Activities. b. Travel - SPPD will reimburse for travel for all officers while attending the Security Event Training, the Security Event, and any After Action Activities. Travel will be reimbursed at the effective IRS mileage reimbursement rate, currently at $0.485 per mile. The number of miles will be based on the distance from Provider's headquarters to the assignment location determined by Mapquest or other comparable method. c. Lodging - Lodging will be reimbursed only for those Provider o�cers that . Lodging reimbursements will be made for actual costs up to the effective U.S. General Service Administration (GSA) rate approved for Minneapolis/St/Paul, currently at $113.00 per night lodging. B. Submission of Form. Provider shall furnish all of the information required in the Form, which is Attachment Ain the JPA, for each LPO, no later than , 2008, with the understanding that the City will hold the data in the same classification as the Provider does under the Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13. ATTACHMENTF Reimbursement Guidelines and Checklist I � ►� ' � The guidelines and checklist identifres the required documents for a complete reimbursement package. Original submissions that are complete wil! simplify the review process and expedite the processing of your payment. The City may modify or clarify guidelines as it determines necessary or request additional information or documentation in order to meet grant and internal auditing requirements. The City will make every effort to process payment within 35 days after complete Reimbursement Request Package has been received and no additional documentation or information is needed. Eligible Costs (JPA Section 2.21 All costs, regardless of eligibility listed below, must be supplemental to and not supplant the normal costs of doing business. Payments will be made on a reimbursement basis only -- all costs must have been incurred. Wages (JPA Section 3.3) - Payment will be made for actual regular and overtime contractual wages for each LPO on assignment by SPPD meeting the criteria for on-site status. Fringe Benefits while on assignment (JPA Section 3.3) - The only fringe benefits reimbursed will be: Medicare at current rate of 1.45% and PERA Pension at anticipated 2008 rate of 12.9% Ineliqible Reimbursement Costs In addition to the ineligible costs stated in the JPA, no reimbursement will be provided for: 1. Uniforms and equipment listed in Attachment D 2. Fringe benefits incurred over Medicare and PERA Pension costs. 3. Security Event Training if LPO is not available for assignment for the Security Event. 4. Providers costs for the administration or implementation of the JPA. Timeframe for Costs Costs must be incurred within the dates of the Security Event Training Sessions, the Security Event, which is the 2008 RNC convention (currently scheduled from Monday, September 1, through Thursday, September4, 2008) and approved After Action Activities as scheduled by SPPD. Page 1 of 3 Checklist for Submitting Reimbursement Request Package bg, �-� 1 Cover Letter - A cover letter from the Provider must be submitted as follows: �Include the statement: "I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention and that all information was obtained from payroll records, invoices, or other documents that are available for audit." �Include the statement: "All payroll records and other supporting documentation will be maintained for audit for seven years." Cinclude the statement that the entity: "takes full responsibility for reimbursing the federal government for any costs which are subsequently deemed ineligible by any future federal audit." �Signature of the Chief Financial Officer or official designee as indicated in the J PA. _ Invoice from Provider's Finance system which summarizes reimbursement request and provides a description of services provided. _ Reimbursement Payment Form - �Form provided by the City MUST be attached to invoice and provided electronically in Excel format, either on CD, disk, or by e-mail. C List each LPO's: Name and title Each day worked Assigned location as Category of Work: determined by SPPD A- Increased Security at Critical Facilities B- Traffic Control and Direction C - Emergency Operations Center D - Public Safety Response Regular hours and rate of pay Overtime hours and rate of pay Total reimbursement of wages requested Reimbursable Fringe benefits for Medicare at 1.45% and PERA pension at 12.9% Other mileage, meal or lodging per diem as approved by SPPD Page 2 of 3 a8, �-�i _ Required Documentation �Payroll verification - Must provide proof of the amount paid to each LPO as listed on Reimbursement Payment Form. This documentation must be in the form of a report from Provider's payroll system for time period(s) in which the LPO was on assignment from SPPD. Report must indicate the LPO's name, dates worked, number of regular and overtime hours, date paid and amount of payment for regular and overtime hours. �Timesheets - SPPD will provide roster which will require LPO to sign in at the designated location. Timesheets from the Provider detailing hours worked may be required to support the reimbursement request if not available from payroll system. �Overtime Documentation - Must provide documentation that is needed to show regular hours were worked, to qualify for overtime rates. This information is best provided on the payroll verification, by including proof of regular pay. Other documentation may be used, but must demonstrate that overtime pay was qualified to be paid because the required regular hours were worked. �Collective Bargaining Agreement - Must provide a copy of the current approved agreement which includes effective dates and appropriate wage schedules. �� ,�l Page 3 of 3 �b-�� ATTACHNI�NT C REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SAINT PAUL, MINNESOTA AND COUNTY, RELATING TO THE 2008 REPUBLICAN NATIONAL CONVENTION THIS REIMBTJRSEMENT AGREEMENT BETLVEEN TAE CITY OF SAINT PAUL, MINNESOTA AND COUNTY, RELATING TO THE 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "Agreement"), is made effective this _ day o£ , 2008, by and between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation (hereinafter referred to as the "Cit}�'), acting through its Police Deparhnent (hereinafter referred to as the "SPPD") and COUNTY(hereinafter referred to as the "County"), a political subdivision of the State of Minnesota, on behalf of its Sherriff's Office (hereinafter referred to as the " SO "). RECTTALS WHEREAS, the City is a host city for the 2008 Republican National Convention, to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC"); and WHEREAS, the City has entered into a"City Service Agreement For The 2008 Republican National Convention" with the Minneapolis Saint Pau12008 Host Committee, Inc., a Minnesota non-profit corporation ("Host Committee"), whereby the City has agreed to undertake certain public safety and security measures within the boundaries of the City of Saint Paul, Minnesota, related to the 2008 RNC; and WHEREAS, the SPPD is the lead local law enforcement agency responsible both for providing security and public safety within the boundaries of the City of Saint Paul related to the 2008 RNC, and, acting in its capacity as a fiscal agent as more fully described herein, to help facilitate the provision of such security and public safety measures in other locations throughout the greater Saint Paul-Minneapolis metropolitan azea; and WHEREAS, the County owns an Adult Detention Center ("ADC"), which the _SO is exclusively and legally responsible for operating and maintaining (hereinafter such responsibilities shall be referred to as the "Detention Services"); and WHEREAS, the SO anticipates that it will incur certain actual and direct costs to provide the Detention Services more fully described in this Agreement, that it would not otherwise incur, but for the 2008 RNC (hereinafter such costs shall be referred to as the "RNC Costs"); and WHEREAS, as a consequence of its above-described role as lead local agency, the City anticipates certain financial assistance will be provided to it by the federal government and/or third parties other than the City, to fully and completely reimburse certain other local units of government throughout the greater Saint Paul-Minneapolis metropolitan area, for the necessary costs incurred by such other local units of government, in preparing for, and providing security 1 oa - a-� 1 and public safety directly related to the 2008 RNC (hereinafter such financial assistance shall be referred to as the "Securiry Subsid}�'); and WHEREAS, the City also anticipates serving as the fiscal agent for the Security Subsidy as it relates to authorizing reimbursement from the Security Subsidy in accordance with this Agreement, to the County, for the RNC Costs; and WHEREAS, it is the intent of the City and the County that this Agreement shall set forth and describe the terms and conditions by which the County shall be eligible to receive reimbursement from the Security Subsidy for its RNC Costs as more specifically described in Section 2 of this Ag�eement. NOW, THEREFORE, pursuant to the provisions of Minnesota Statutes §471.59, and in consideration of the foregoing recitals which are incorporated herein and made a substantive part of this Agreement, together with the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the City and the County agree as follows: 1. Purpose of Agreement; The sole purpose of this Agreement is to establish the terms and conditions by which the City, in its capacity as fiscal agent for the Security Subsidy, will reimburse the County for its RNC Costs as described herein. The SO shall solely and exclusively provide all Detention Services in accordance with federal, state and local laws, standards, policies, and procedures and nothing contained in this Agreement shall be construed as modifying, altering, waiving, releasing or affecting in any manner whatsoever, any of the above- referenced obligations and duties imposed by federal, state and local laws, standards, policies and procedures upon by the SO to provide the Detention Services. 2. Reimbursable Costs 2.1 The City will reimburse the County from the Security Subsidy for the following RNC Costs: 2.1.1 Detention Costs. The County's personnel and equipment costs, as such costs are more specifically and respectively described in Sections 2.1 and 2.2 of this Agreement, incurred in processing a detainee arrested as a direct result of unlawful conduct arising from and related to the 2008 RNC and whom the SO in its sole discretion, detains pursuant to applicable law (hereinafter referred to as an"RNC Detainee") commencing at the time the RNC Detainee is accepted and physically taken into custody by a designated representative of the SO either at the arrest location or when presented to personnel of the SO, through the time period the RNC Detainee is either released or booked into the ADC. 2.1.1.1 Exclusive Responsibility, The SO shall be solely and exclusively responsible for all decisions relating to the scope of Detention Services and the delivery of Detention Services, including, but not limited to, the design of the detention plan; and the scheduling, 7 b� � 2�� 1 staffing, training and command of all personnel assigned to implement the plan. The SO shall fiuther be solely and exclusively responsible to determine an RNC Detainee's suitability for detention within the ADC and the conditions of detention. 2.1.2 Housin� Costs. In order to provide safe and secure housing in the ADC for an RNC Detainee, the SO agrees to have _beds available in the ADC for such use at all tunes during the period from August 29, 2008, through September 4, 2008. When the SO, acting in good faith, and in consultation with the SPPD, reasonably determines that it is necessary for the SO to transfer non-RNC Detainees (hereinafter referred to as a "Transferred Detainee") to a safe and secure detention facility other than the ADC (hereinafter referred to as a"Transferee Facilit}�') in order to maintain this availability, the City will reimburse the County for the SO's actual costs, including transportation and detainee medical and dental expenses, related to housing the Transferred Detainees in a Transferee Facility. The actual cost of housing the Transfened Detainees at the Transferee Facility shall not exceed the rate of reimbursement contained in a prevailing written agreement made by and between the County and the Transferee Facility. The SO shall determine when it is practical to retum Transferred Detainees from a Transferee Facility to the ADC. 2.13 Ancillarv Costs. The City will reimburse the County out of the Securiry Subsidy for its necessary and reasonable out of pocket expenses related to, but not otherwise included in the RNC Costs described in Sections 2.1.1 and 2.1.2 herein, including, but not limited to, vendor services to transport RNC Detainees to the ADC or alternate booking locations 2.1.4 Trainin¢ Costs. To the extent that the SO reasonably believes that training of an SO employee is warranted as it directly relates to an RNC Cost, the SO in its sole discretion, will provide such training to all such employees with the actual costs of such training being reimbursed from the Security Subsidy only upon written pre-approval of the SPPD. 2.2 Calculation of County Personnel Costs RNC Costs that relate solely to County employee labor costs incurred by the County pursuant to Sections 2.1.1 and 2.1.2 of this Agreement shall be reimbursed as follows: the prevailing contract hourly wages together only with the employer's share of Medicare and PERA contributions being paid by the County to each County employee at the time such County employee's services have been actually utilized to provide such services. 2.3 Unless otherwise agreed to in writing by the SPPD, the equipment costs described in Section 2.11 of this Agreement shall not exceed the per item quantity and cost described in Attachment A attached hereto. 3 D$-��1 2.4 The SO will continue to receive, book, and house non-RNC Detainees from law enforcement agencies within Hennepin County as well as from other agencies that have contracted with the County for housing of detainees or prisoners the costs of which shall not be reimbursable from the Security Subsidy. 2.5 The term "RNC Costs" shall inciude, but not necessarily be limited to, the costs described in Attachment A attached hereto. 3. Assumpfion of Risk and Liability; Indemnification 3.1 The County agrees to assume full risk, liability and responsibility, and to indemnify and hold harmless the City together with its employees and officials, for any and all claims and demands of whatever type, including legal actions, damages to real and personal property and personal injuries, including death, that are related in any manner whatsoever to the acts and/ar omissions of both the SO and/or County relating in any manner whatsoever to the performance of their respective obligations described and contemplated in this Agreement. Nothing herein shall constitute a waiver of the County's statutory limits of liability, defenses, or immunities. 3.2 The parties hereto intend to solely and simply create a manner of reimbursement, thus nothing in this Agreement is intended, nor shall be construed, to make either party hereto a partner, joint venturer, principal, agent or employee of the other. Moreover, nothing contained in this Agreement shall create, nor be construed as creating, any intent or obligation on the part of the City to assume ar undertake in any manner whatsoever, any of the legal duries and responsibilities incumbent upon the SO to provide the Detention Services, including but not limited to the extent those Detention Services involve RNC Detainees. � . �. 4. Term of Agreement 41 This Agreement shall be effective upon final execution by the parties and shall continue in effect until the County has received final payment for its RNC Costs in accordance with the terms of this Agreement. 4.2 Unless otherwise terminated eazlier as provided in Section herein, this Agreement shall become operationally effecrive as follows: 4.2.1 O�erational Commencement Date - The Operational Commencement Date of this Agreement shall be the date upon which the County first incurs an RNC Cost in strict accordance with this Agreement, which date shall be memorialized in a sepazate writing to be provided by the County to the SPPD. 4.2.2 Operational Temunation Date - Unless otherwise mutually agreed to in writing by the City and the County, the Operational Termination Date of this Agreement shall be September 5, 2008, except that all RNC Costs eligible for reimbursement in strict accordance with this Agreement that were first incurred prior to said Operational Termination Date but that continue to accrue for a period of rime no longer than seven (7) consecutive calendar days beyond the Operational Termination Date, shall be reimbursed from the Security Subsidy. 5. Reimbursement Requirements 5.1 That in consideration for the County's faithful performance of this Ag�eement, the City hereby agrees to compensate the County from the Security Subsidy, for all RNC Costs described in this Agreement. 5.1.1 The City shall immediately notify the County upon receipt of notice from the federal government as to the amount of the Security Subsidy and/or the types of eligible reimbursable expenses. 5.1.2 If the City receives notice from the federal government that a cost included in Attachment A is not eligible for reimbursement out of the Security Subsidy, the City shall immediately notify the County and the County will cease to incur such ineligible cost. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the County for RNC Costs incurred in accordance with the provisions of this Agreement and for which the County has completed and delivered to the City all of the documentation required herein, shall be made no eazlier than the commencement of the 2008 RNC. Subject to the conditions described in this Section 5.2.1, the City shall make the payment to the County within thirty-five (35) days after the City's receipt of all of the . - i. � • documentation required herein. 5.2.2 As a condirion precedent to receiving any reunbursement from the City for approved reunbursable costs and expenses described in this Agreement, the Reimbursement Payment Form, attached hereto as Attachment B, must: A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise extended with the written consent of the City. The Reunbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the County's Chief Financial Officer or his/her designee, detailing the total amount sought to be reimbursed and a suminary narrative and cost overview that provide context to the submission, including any unusual circumstances, all provided under the following certification: "I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that all information was obtained from payroll records, invoices or other documents that are available for audit. "; and C. Include an itemized invoice as specified on the checklist provided by the City to the County; and D. Include all back-up documentation, as outlined on the checklist provided by the City to the County. 5.2.3 In addition to any other requirements contained herein, the County agrees that it will prompfly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or her designee, Office of Financial Services. 53 In the event the County fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in this Agreement. 0 a�-�� 5.4 The County acknowledges and agees that the City is only a fiscal agent for the Security Subsidy and that the City neither expressly or impliedly assumes any responsibility, liability, risk, duty or obligation for the Detention Services provided by the SO, includin� but not lunited to the extent those Detention Services involve RNC Detainees. The County further aclrnowledges and agrees that the City's obligation to provide reunbursement pursuant to this Agreement is non-recourse to the City and is solely and exclusively lunited to the Security Subsidy and that the City shall not be liable to the County in any manner whatsoever, in the event of a determinarion made by the funder[s] of the Security Subsidy, notwithstanding any prior approval of reimbursement of an RNC Cost, made by the City and SPPD hereunder, that an RNC Cost is not eligible for reimbursement and that any payment for reimbursement previously made by the City to the County is required to be retumed to the funder[s]. 5.5 Payment of interest on late payments and disputes regarding payments shall be govemed by the provisions of Minn. Stat. Section 471.425. 6. Mutual Responsibility, Insurance and Termination of Agreement 6.1 Mutual Responsibility 6.L1 Except as otherwise provided in Section 3 of this Agreement, each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement and the results 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. Notwithstanding the foregoing, nothing contained in this Section 6.1.1 shall waive, nor shall be construed to waive any rights and benefits either pariy has with regard to its status under the insurance coverage described in Section 6.2 of this Agreement. 6.1.2 It is understood and agreed that each party's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common-law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 6.2 Insurance 6.2.1 The Host Committee for the 2008 RNC, at its sole cost, shall provide the following insurance coverage under which the County shall be covered as a named insured party: A. Police Professional Insurance (the "Insurance Coverage") providing coverage for claims arising out of actions of each 7 �� Licensed Peace Officer and/or Correctional Officer who provides the Detention Services in strict accordance with this Agreement with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the County providing at least a ten (10) day notice of cancellation or any significant material change in coverage. 6.2.2 The County agrees that is shall cooperate with the insurer who will be underwriting the insurance coverage described in Section 6.2.1 by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 6.2.2, this cooperation will include, but not be limited to, both the underwriting process and the claims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. 6.2.3 The County shall be responsible for injuries or death of its own employees. The County will maintain workers' compensation insurance or self-insurance equivalent coverage, covering each of its employees while such employees are providing services under this Agreement. The County waives the right to sue the City or the Host Committee for any workers' compensation benefits paid to its own employees or any dependents of such employees, even if the injuries were caused wholly or partially by the negligence of any other party. 6.3 Termination 6.3.1 By the Citv - The City may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse all or a portion of the RNC Costs, which determination must be made and disclosed to the County no later than May 1, 2008; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Section 6.2.1 of this Agreement in a timely manner determined by the City; D. the failure of the County to compiy with ar perform any term, condition or obligation contained in this Agreement and to fail to cure such defauit within seven (7) calendar days after the City ar SPPD provides the County with notice of such default. 63.2 By the County - The County may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; 0 b� B. the failure of the Host Committee to provide the County with evidence in the form of a certificate of insurance nanung the County as a named insured under the policy of insurance coverage described in Section 6.2.1 of this Agreement; C. the County's receipt of the notice described in Section 63.1. B. of this Agreement; D. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the County provides the SPPD with notice of such default. 633 Both the City and the County shall act in good faith, to provide as much advance written notice of an event of default in this Section 63, to the other party that is reasonable under the circumstances. 6.3.4 In the event of the termination of this Agreement, the City will pay the County for those RNC Costs that are actually, timely, and faithfully incurred by County up to the receipt of the notice of termination and thereafter until the date of termination. Neither the Ciry nor the County shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 7. General Terms and Conditions 7.1 Compliance With Applicable Law 7.L1 Both parties agree to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, narional origin, sex, marital status, status with regard to public assistance, sexual orientation, disability, or age. 7.1.2 Both 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 or hereafter promulgated insofar as they relate to the parties' performance of the provisions of this Agreement. 7.2 Data Practices All data collected, created, received, maintained or disseminated for any purpose in the course of either party's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regularions on data privacy. � I : / � 7.3 Audit Unril the expiration of six (6) yeazs after the temunation of this Agreement, each party shall, upon written request of the other party, shall make available to the requesting party, the State Auditor or the requesting party's ultimate funding sources, a copy of this Agreement and the books, documents, records and accounting procedures and practices relating to this Agreement. 7.4 Notice Except as otherwise provided herein, any notice required to be given by this Agreement shall be made by delivery by first class mail, postage applied, to: County Office of the County Manager , Minnesota 55 City of Saint Paul Office of the Mayor 390 City Ha1UCourthouse 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 Saint Paul Police Department Assistant Chief Matt Bostrom 367 Grove Street Saint Paul, Minnesota 55101 7.5 Alteration Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. 7.6 Interpretation of Agreement; Venue This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Alllitigation regarding this Agreement shall be venued in the appropriate state ar federal district court in Ramsey County, Minnesota. 7.7 Entire Agreement This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. 7.8 No Third Party Beneficiaries This Agreement shall not inure to the benefit, ar create any right or cause of action in or on behalf of, any person or entity other than the parties. 7.9 Counterparts 10 . , i. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which taken together shall constitute one single agreement. 7.10 Survival The obligations contained in Secrions 3.2 and 6.1 shall survive the expiration or tenninarion of this Agreement and shall remain in full force and effect notwithstanding any such expiration or termination. WHEREFORE, this Agreement is duly executed on the last date written below. :�Z1171►Y Y•1 , Chair Boazd of County Commissioners , Chief Clerk Board of County Commissioners Date: Approved as to form: Assistant County Attorney CITY OF SAINT PAUL Christopher B. Coleman, Mayor Chief of Police City Clerk Date: Approved as to form: Assistant City Attorney Approval recommended: , Sheriff Budgeting and Accounting Director of Finance and Management Services 11