08-310council File #
Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MIlVNESOTA
Presented By:
Referred To:
Committee:Date:
08-3/D
3050752
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1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached agreement
2 with the Ramsey County Department of Public Health for the purpose to transport children to a safe haven after
3 a search warrant has been executed by narcotics enforcement. A copy of said agreement is to be kept on file and
4 on record in the Office of Financial Services.
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B ostrom
Carter
Stark f ,/
Thune j �
Requested by Department of:
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by City
Adopted by Council: Date:
Adoption C� Council Secretary:
BY� !,/ /unui/ri,ivSi7n
Approved by Mayor: Date: 3�3 �/ ap�$
by FinanciaJ Services:
BY� ,�c:citQ..J ,A�l./i �..c.>tirY1
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Council:
Q \FiscalAffairs�P.O&CR�2008\flamseyClyPublicHealthNarco2008.x1s
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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PD - Pol;ceDepaNnrnt
Contact Person & Phone: i
Chief John Harrington i
266-5588
Must Be on Council Agenda by (Date): ,
Doc. Type: RESOLUTION
OSMAR-08 _ I Green Sheet NO: 3050752
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Assign
Nwnber ;
For
Routing
Order I
E-DOCUment Required: Y
�� Document Contact: Evette Scarver
COntact Phaie:
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� dice Depar�ent Police Denar�ent �
�Totice 1kDaz�ent ' Pdice DeDar�ent r
'Citv Attornev City Attorney V �
' ar�cial Services � DireMOr, FSO �___ ___
�or's0ffice ' Maror _' __.__
omcil counca ___.
it Cluk ' City qerk
olice DeDazhnent Police Deparfineut
Total # of Signature Pages �(qip All Locffiions for Signature)
Signatureson [he attached council resolution authorizing the Ciry of Saint Paul to enter into the attached agreement with Ramsey ;
Counry Depamnent of Public Health. ,
�aanons: approve (a) or rr
Planning Commission
CIB Committee
Civil Service Commission
7. Has this persoNfirm ever worked under a contraC[ for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does ihis person/firm possess a skill not normally possessed by any
curcent ciiy employee?
Yes No
� � F�cplain all yes answers on separate sheet and attach to green sheet
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j Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
! The Raznsey County Department of Public Health will provide hansportation of children to Children's Medical Center and [hen to a
', s}ielter home afrer execu8on of a seazch warrant by the nazcoCics enforcemenL Authorizarion is ueeded to entei into the attached
I agreement �
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, AdvanWges If Approved: �'
i The children will be transported to a safe haven after a seazch warrant has been executed by nazcoflcs enforcement. ;
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�'� Disadvantages If Approvetl:
None.
; Disadvantages If Not Approved:
,' Lost opportunity to help h�ansport children to a safe haven when a seazch wazrant has been executed by narcotics enforcement.
! ��f`C
i ota� s�moun[ oi
Trensaction: $3,000.00
Funding Source:
�. Financiallnformation:
- , (Explain)
Budgeted:
Activity Number:
MAR 13 200B '
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March 5, 2008 9:4] AM
Page 1
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Agreement #
Between:
The City of Saint Paul and Ramsey County
THIS AGREEMENT, made and entered into this 1�` day of January, 2008, by and
between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of
Minnesota, hereinafter referred to as °`City" and Ramsey County - Families in Crisis/House Call
Program whose address is 555 Cedaz Street, Saint Paul, MN, 55101-2260, hereinafter referred to
as "ConsultantlProvider."
The City and Provider, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, agree as follows:
SECTION 1: Scope of Services.
A. Consultant(Provider agrees to provide transportation of children to Children's Medical
Center and then to a shelter home after execurion of a search warrant by the City employees
tasked with nazcotics enforcement. The specific times consultant will provide service are:
Tuesday through Friday S:OOp.m. To midnight
Saturday S:OOp.m. To midnight
SECTION 2: Time for Completion.
A. The services described in 5ection 1 above shall be commenced on January 1, 2008
will be completed in accordance with the schedule mutually agreed upon with the City through
December 31, 2008.
B. Consultant/1'rovider shall not proceed with any task without specific authorization
from the project Manager designated by the City.
C. In the event there are delays caused by actions of the City or which may be reasonably
requested by the ConsultantrProvider which can change the completion date, Consultant/Provider
shall request an extension of time for completion of the project. The Project Manager will
review the request and may grant to the ConsultanUProvider such extensions of contract time as
may be reasonable.
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SECTION 3: Billings and Payment
A. That for Consultant/Provider's faithful performance of this Ageement, the City
hereby agrees to compensate the Consultant/Provider $3,000 for the services described in
Section 1.
B. The above amounts shall fully compensate the ConsultantlProvider for all costs. No
claim for services and/or costs provided by the Consultant/Yrovider, not specifically provided for
in this Agreement will be honored by the City. Total costs for the project shall not exceed
$3,000.00.
C. Consultant/Provider shall submit an itemized invoice to the City by December 1, 2007.
Upon receipt of the invoice and verification of the chazges by the Project manager, payment shall
be made by the City to ConsultanUProvider within thirty (30) days.
D. In the event the ConsultanUProvider fails to comply with any terms or conditions of
the Agreement ar to provide in any manner the work ar services as agreed to herein, the City
reserves the right to withhold any payment until the City is satisfied that conecrive 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 other sections of this Agreement.
SECTION 4: Project Management.
A. The City requires the Consultant/Provider to assign specific individuals as principal
project members and to assure that the major work and coordination will remain the
responsibility of these individuals during the term of this agreement. Removal of any principal
project member without replacement by equally qualified individuals or without the prior written
approval of the City is grounds for termination or the Agreement by the City.
ConsultanYs/Provider's principal project members are:
Kay Wittgenstein
Department of Public Health
Families in Crisis/House Calls Program
555 Cedar Street
Saint Paul, MN 55101-2770
Commander David Korus
FORCE Unit
367 Grrove Street
Saint Paul, MN 55101
B. The City has designated the Commander of the FORCE Unit as the Project Manager
for this Agreement, and the individual to whom all communications pertaining to the Agreement
shall be addressed. The project manager shall have the authority to transmit instrucrions,
receive informarion, authorize amendments or changes to the Agreement, and interpret and
define the City's policies and decisions pertinent to the wark covered by this Agreement.
SECTION 5: City Responsibilities.
A. The City agrees to provide ConsultanUProvider with access to any information from
City documents, staff and other sources needed by Consultant/Provider to complete the work
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described herein.
SECTION 6: Work Products, Records, Dissemination of Informarion.
A. For purposes of this Agreement, the following words and phrases shall have the
meanings set forth in this section, except where the context clearly indicates that a different
meaning is intended.
"Work product" shall mean, any report, recommendation, paper, presentation, drawing
demonstration, or other material, whether in written, electronic, or other format that results from
ConsultanYs/Provider's services under this Agreement.
"Supporting documentation" shall mean any surveys, questionnaires, notes reseazch,
papers, analyses, whether written electronic, or in other form, and other evidences used to
generate any and all work performed under this Agreement.
"Business records" sha11 mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other form, belonging to ConsultantlProvider and
pertaining to work performed under this agreement.
B. All deliverable work products and supporting documentations that result from the
Consultant's/Provider's services under this Agreement shall be delivered to the City and shall
become the property of the City after final payment is made to the Consultant/Provider with no
right, title, or interest in said work products or supporting documentations vesting in
Consultant/Provider.
C. The ConsultanUProvider agrees not to release, transmit, or other wise disseminate any
information associated with or generated as a result of the work performed under this Agreement
without prior knowledge and written consent of the City. This restriction does not include the
dissemination of reports to child protection employees as required by law.
D. In the event of termination, all work products, whether finished or unfinished, and
supporting documentation prepazed by Consultant/Provider under this Agreement shall be
delivered by Consultant/Provider to the City by the termination date and there shall be no further
obligation of the City to ConsultanUProvider except for payment of amounts due and owing for
any authorized work performed and expenses incuned to the date and rime of termination.
E. ConsultanUProvider agrees to maintain all business records in such a manner as will
readily conform to the terms of this Agreement and to make such records auailable at its office at
reasonable times during Agreement period and for six (6) yeazs from the date of the final
payment under the contract far inspecfions or audit by the City, the Sate Auditor, or other duly
authorized representatives.
F. ConsultantlProvider agrees to abide strictly by Chapter 13 of the Minnesota Statutes
(Minnesota Government Data Practice Act) as well as any other applicable federal, state, and
local laws or ordinances, and all applicable rules, regulations, and standards established by any
agency of such governmental units are now or hereafter promulgated insofar as they relate to the
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ConsultanYs/Provider's performance of the provisions of this Agreement.
SECTION 7: Equal Opportunity Employment
A. ConsultantlProvider will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age or narional
orign and will take affirmative steps to ensure that applicants are employed and employees aze
freated during employment without regazd to race, color, religion, sex, age or narional origin.
This provision shall include, not be limited 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.
SECTION S: Compliance with Applicable Law.
A.ConsultantlProvider agrees 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 related to the
ConsultanYs/Provider's performance of the provisions of this Agreement. It sha11 be the
obligation of the Consultant/Provider to apply for, pay for, and obtain all permits and/or licenses
required.
SECTION 9: Independent Contractor.
A. It is agreed by the parties that, at all times and for all purposes within the scope of this
Agreement, the relationship of the Consultant/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 Consultant/Provider an employee of the City, and Consultant/Provider
shall be entitled to none of the rights, privileges, or benefits of Saint Paul Employees.
SECTION 10: Subcontracting.
A. The ConsultantlProvider agrees not to enter into any subcontracts for any of the work
contemplated under this Agreement without obtaining prior written approval of the City.
SECTION 11: Hold Harmless.
A. That each party will be responsible for their own acts or omissions for their
employees, agents and officials. Nothing in this agreement shall constitute a waiver by either
party of any statutory limits or exceptions on liability.
SECTION 12: Assignment.
A. The City and Consultant/Provider each binds itself and its successors, legal
representarives, and assigns of such other party, with respect to all convenient of this Agreement;
and neither the City nor the Consultant/Provider will assign or transfer their interest in this
Agreement without the Written consent of the other.
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SECTION 13: Termination.
A. T'his agreement will continue in full force and effect unril completion of the project as
described herein unless it is terminated at an earlier date by either party. Either party to this
Agreement may temlinate it by giving no less than thirty (30) days written nofice of the intent to
terminate to the other party.
B. With Cause. The City reserves the right to suspend or terminate this Agreement if the
Consultant/Provider violates any of the terms or conditions of this Agreement or does not fulfill,
in a timely and proper manner, its obligations under this Agreement as detemlined by the City.
In the event that the City exercises its right to withhold payment or terminate under this Section,
it shall submit written notice to the Consultant/Provider, specifying the extent of such
withholding or termination under this Section, the reasons therefore, and the date upon which
such withholding or te�nination becomes effective. Upon receipt of such notice, the
ConsultantlProvider shall take all actions necessary to discontinue further commitments of funds
to the extent that they relate to the suspended or terminated portions of this Agreement.
C. In the event of termina6on, the City will pay ConsultantlProvider for all service
actually, timely, and faithfizlly rendered up to the receipt of the norice of termination and
thereafter untii the date of termination. The ConsultantlProvider will deliver all work products
and supporting documentarion developed up to the date of termination prior to the City rendering
final payment for service.
SECTION 14: DeFault by Consultant.
In the event Consultant/Provider fails or neglects to wmply with any term or condition of
this Agreement or to provide the services as stated herein, City shall have the right, after written
notice, to cease payment hereunder. This remedy sha11 be in addition to any other remedies,
including termination, available to the City in law or equity. The City shall be entitled to recover
reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder.
SECTION 15: Amendment or Changes to Agreement.
A. City or Consultant/Provider may request changes that would increase, decrease, or
otherwise modify the Scope of Services. Such changes and method of compensation must be
authorized in writing in advance by the City.
B. 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.
C. Modifications ar additional schedules shall not be construed to adversely affect vested
rights or causes of action which have accrued prior to the effective date of such amendment,
modificafion, or supplement. The term "this AgreemenY' as used herein shall be deemed to
include any future amendments, modificarions, and addirional schedules made in accordance
herewith.
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SECTION 16. Notices.
Except as otherwise stated in this Agreement, any norice or demand to be given under
this Agreement shall be delivered in person or deposited in United States Certified Mail, Return
Receipt Requested. Any notices or other communicafions shall be addressed as follows:
Commander David Korus
FORCE Unit
Saint Paul Police Department
367 Grove Street
Saint Paul, MN 55101
SECTION 17. Waiver.
Kay Wittgenstein
Raxnsey County Department of Public Aealth
Families in Crisis/House Calls Program
555 Cedaz Street
Saint Paul, MN 55101-2260
Any failure of a party to assert any right under this Agreement shall not constitute a
waiver or a ternunation of that right, this Agreement, or any of this AgreemenYs provisions.
SECTION 18. Survival of Obligation.
A. The respective obligations of the City and Consultant/Provider under these terms and
conditions, which by their nature would continue beyond the ternunation, cancellation, or
expiration hereof, shall survive termination, cancellation or expiration hereof.
B. If a court or governmental agency with proper jurisdicfion determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate.
If a provision is so terminated but the parties legally, commercially, and pracricably can continue
this Agreement without the terminated provision the remainder of this Agreement shall continue
in effect.
SECTION 19. Interpretation of Agreement, Venue.
A. This Agreement shall be interpreted and construed 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 Dishict, State of Minnesota.
SECTION 20. Force Majeure.
Neither the City nor the ConsultanUProvider sha11 be held responsible for perforxnance if
its performance is prevented by acts or events beyond the party's reasonable control including,
but not limited to: severe weather asd storms, earthquake or other natural occurrences, strikes
and other labor unrest, power failures, electrical power surges or current fluctuafions, nuclear or
other civil military emergencies, or acts of legislative, judicial, executive, or administrative
authorities.
SECTION 21. Entire Agreement.
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A. It is understood and agreed that this entire Agreement supersedes all oral agreements
and negoriations between the parties relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto have executed tYris Agreement, the day and
year first above written.
For the City:
Approved as to
Assistant City Attorney
John M
Director,
RAMSEY COUNTY:
David Twa, County �ager
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Approval Recommended: '� !
of Police
Director, Public Health
Date
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Approved as to form and insurance:
Assistant County Attorney
``: Nu�lier:
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Budget & Accounting