08-745Council File #
RESOLUTION
�SAINT PAUL, 1VIINNESOTA
Presented By:
Green Sheet #
D8-� -
3055480
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1 BE IT RESOLVED, that the City council authorizes the Ciry of Saint Paul, Police Department, to enter into
2 the attached joint powers agrement, which has an indemnificarion clause, with the Minnesota State
3 Agricultural Society "State Fair". A copy of said agreement is to be kept on file and on record in the
4 Office of Financial Services.
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Adoprion Certified by Coyncil Secretary:
BY� �/d��ii�sil.,�
Approved b a Date• �/�'�/��
By: �i
Requested by Department of:
P..H..o
Approval Recomm�ded y Financial Services:
By:
App v ayor f S mission to C ncil:
By � ��/@� ,---
Q:\FiscalAffairs W O&CR\CRSTAN D.xls
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
b� -��f�''
,
I PD - POl;ceikparo-nrnt
� CoMact Person & Phone:
• . Chief John Harrington
� 26E5588
. Mus[ Be on Council Aaen
Doc.Type: RESOWTION
,2��N-08�� i Green Sheet NO: 3055480
�/
Assign
Number
For
Routing
Order
EDOCUment Required: Y
Document CorKact: Evette Scarver
Cor�tect Phone: 266-5547
Total # ot Signature Pages (Clip A{I Locatio� for Siqnature)
0 � alice Depar�ent I Police Deparhnent '
1 � diceDenaz�eut PoliceDeparhnent i
2 itp Attorney � Ciiy AttorneY � •. /
3 � or's Office Ma or
4 ouuN Cound i
5 i Clerk CitY Qerk
6 � olice Depflrtment � Police Deparhnent
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Depatrinent, to enter into the attached joint
powers agreement with the Minnesota Sta[e Agricultural Sociery "State Fair".
iaanons: Hpprove (n) or rte�ect (rt): rersonai sernce wnsrac[s mus[ Answer me ronowmg tvuesnons:
Planning Commission �. Has this persoNfirm ever worketl under a conhact for Ynis departmenY?
CIB Committee Yes No
Civil Sermce Commission 2. Has ihis person/firm ever been a ciry employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Inftiating Problem, Issues, OpportunHy (Who, What, When, Where, Why):
The Saint Paul Police Department will provide various police services for the State Fair during the period as described in the attached
agreement.
Advantages If Approved:
In retum for services provided, the City of Saint Paul will receive payments from the Sta.te Fair as described in the attached agreemen[.
Disativantage5 If Approved:
None.
Disadvantages If Not Approved:
Lost of revenue to the City of Saint Paul.
Transaction: s�� G(p�(`.QQJ'YjQiL,t
Funaing source: Minnesota State Agriculturai
Financial lnformation: SOClefy " State Fair"
(E�cplain)
Activity Number:
June 12, 200810:59 AM Page 1
Cosi/Revenue Budgeted:
J�N 2 6 2a09
������°���
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AGREEMENT
THIS JOINT POWERS AGREEMENT, dated this between the CITY
OF SAINT' PAUL, Minnesota hereinafter referred to as °City" and the MINNESOTA STATE
AGRICLILTURAL SOCIETY, hereinafter referred to as "State Fair", both political subdivisions
within the State of Minnesota, which are empowered to enter into joint powers agreements
pursuant to Minn. Stat. § 471.59 and to enter into agreements to lease equipment pursuant to
Minn. Stat. § 471.64.
WITNESSETH:
The City and State Fair, agree as follows:
THAT PURSUANT TO THIS AGREEMENT, IN CONSIDERATION OF THE MUTUAL
TERMS ANA CONDITIONS, PROMISES, COVENANTS, AND PAYMENTS
HEREINAFTER SET FORTH, IT IS MI3TUALLY AGREED BY A1�iD BETWEEN THE CITY
AND STATB FAIR, AS FOLLOWS:
A. The City will provide, pursuant to this Agreement, various services and equipment, at a
set price and at a fair in kind exchange, to the State Fair during the annual Minnesota State Fair;
B. The City will provide, pursuant to this Agreement, various services and equipment, at a
set price and at a fair in kind exchange, to the State Fair during the non-Minnesota State Fair
time; and
C. The State Fair will lease the use of Minnesota State Fair Machinery Hill or a 5tate Fair
building to the City, as a fair in kind exchange, for training exercises subject to notice and
availability.
A. Minnesota State Fair Services
Because the State Fair Police is not a permanent law enforcement agency providing law
enforcement services yeaz azound, pursaant to this Agreement, the City has agreed to provide the
below services, to assist the State Fair Police during the time period of the Minnesota State Fair.
In 2008, the City of SL Paul will only assign police personnel to work the
first 9 days (8/21/08 — 8/29/08) of the State Fair. The remaining three days af
the fair will be staffed by the Detail Commander who will serve as police
liaison and supervisor of the detail of Police Reserves, provided by the State
Fair Po[ice.
SECTION 1: Scope of Services.
City's responsibilities:
a. The City will provide traffic direction, crowd control, pazking enforcement and general
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police services during prepazation and operation of the State Fair (See 2008 exception) and
specifically will provide the services at the following St. Paul intersections:
Snelling and Como, Snelling and Midway Parkway, Snelling
and Hoyt, and positions on Como from Canfield to Snelling.
b. The City will provide general police services, parking enfotcement, and traffic and crowd
control at other intersections and azeas which may become affected by the State Fair, if these
services are deemed necessary by the City's officer in charge of the detail and agreed to by the
State Fair. �
c. The City will malce reasonable effort to recruit volunteers to supplement the City's traffic
and crowd control services during the State Fair and these volunteers will be provided at no cost
to the State Fair.
d. The City will provide crime laboratory services for State Fair Police cases occurring
during the State Fair.
e. The City will provide, to the State Fair Police, at the end of State Fair, follow-up and/or
coordinated of criminal investigation services necessary to complete any then active criminal
investigation.
f. If available, the City will provide the State Fair with six (1-van 5-sqds) St. Paul Police
Department (°SPPD") marked patrol vehicles, to include radios, red lights and sirens. These
vehicles will be provided for a 31 day period during the State Fair.
g. Emergency Reca11: Each SPPD officer will remain under the City's direction and control,
and will be subject to serious police emergency calls for service andlor activation of any Tactical
Alert throughout the city if the need arises. Officers may be called away from service under this
Agreement for duties not related to this Agreement. The SPPD may defer responding to or
perform for the State Fair under this Agreement in deference to providing essen6al police
services to the City of Saint Paul without penalty of liability of any kind, but will respond or
renew performance when feasible to do so.
State Fair's responsibilities:
a. The State Fair will promote and secure the cooperation of its staff, without expense to the
City, including but not limited to court appearances and other assistance to successfully prosecute
criminal cases generated from the State Fair.
SECTION 2: Billings and Payment.
a. The State Fair shall rennburse the City by payment to the SPPD for employee salary and
services provided during the Minnesota State Fair according to:
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The rate of regular and overtime salary, plus regular and overlime fringe benefits, for a
parking enforcement officer, police officer, sergeant, and commander as found in the labor
contracts goveming these employees.
b. The State Fair sha11 reimburse the City of Saint Paul Police Deparknent for officer
services in this Agreement according to the certified hourly wages of such police officers. The
certification of the City services shall include the name and rank of each police officer and the
hours of assignment in vehiculaz and pedestrian traffic control as well as the hourly wage defined
above for such officers.
c. If patrol squads aze made available the State Fair shall rennburse the City by payment to
the SPPD for use of mazked patroi vehicles at a rate of Tlurty dollazs ($30) per day, adjusted
yearly to reflect increases or decreases in the consumer price index.
d. The costs associated with criminal investigations will be based on the actual hourly wages
of the City employee(s) conducting the investigation.
e. The costs associated with the criminal laboratory services will be pursuant to the attached
fee schedule, Attachment A.
£ The City sha21 keep record of its costs in providing services to the State Fair during the
Minnesota State Fair and shall prepaze an itemized statement thereof showing the amount due
hereunder and submit the same to the State Fair no later than 30 days after the performance of
said service.
g. The State Fair agrees,to pay the City all monies due hereunder and as shown by the
invoices or statement submitted to the State Fair within 30 days after such submission.
h. Costs associated with SPPD training of State Fair sta£f and other associated costs under
this Agreement will not be accessed and will be considered a fair in kind exchange for SPPD
lease of Minnesota State Fair Machinery Hill or a State Fair building to the City for training
exercises subject to notice and availability.
B. Non-Minnesota State Fair Time Services
Because the State Fair Police are not actively engaged in full-time law enforcement duties on the
State Fairgrounds during the rime period when the Minnesota State Fair is not being held,
pursuant to ttus Agreement the City has agreed to provide the below services.
SECTION 1: Scope of Services.
City's responsib�79ties:
a: The City agrees to provide general law enforcement services to the general area of the
Minnesota State Fair grounds. These services will include routine police patrolling consistent
with the assignment of police officers and squads to the general azea of the Minnesota State Fair
t�-���
grounds. It is understood routine patrolling wi11 include general traffic supervision and building
surveillance.
b. The City will respond to the State Fair's request for service as the result of specific events
and/or incidents. These requests maybe the result of, by way of illustration and not of limitarion,
traff c accidents, burglaries, criminal damage to propezry and assaults.
c. The City will provide criminai invesrigation services necessary for any criminal cases
generated fram or on State Fair grounds during non-Minnesota State Fair time.
d. The City will provide crime laboratory services for State Fair Police cases occurring _
during the non-Minnesota State Fair time.
State Fair's responsibilities:
a. The State Fair will promote and secure the cooperafion of its staff, without expense to the
City, including but not limited to court appearances and other assistance to successfully prosecute
cases generated from the State Fair.
SECTION 2: Billings and Payment.
a. Costs associated with SPPD general law enforcement services, under Section B of this
Agreement, will not be assessed and will be considered a fair in kind exchange for SPPD lease of
Minnesota State Fair Machinery Hill or a State Fair building to the City for training exercises
subject to no6ce and availability, as stated in Section C of this Agreement.
b. For costs associated with B- 1- q the criminai investigations services wiil be based on
the actual houriy wages of the City employee(s) conducting the investigation.
a The costs associated with B- 1- d, the eriminal laboratory services will be pursuant to
the attached fee schedule, Attaclunent A.
d. The City shall keep record of its costs in providing services to the State Fair during the
non-Minnesota State Fair time and shall prepaze an itemized statement thereof showing the
amount due hereunder and submit the same to the State Fair no later than 30 days after the
performance of said service.
e. The State Fair agrees to pay the City all monies due hereunder and as shown by the
invoices or statement submitted to the State Fair within 30 days after such submission.
C. Lease of Minnesota State Fair Machinery Hill or a State Fair Building
SECTION 1: Leased Premises.
a. The State Fair, in consideration of services not chazged for, to be received or to be
r�-��-
available, under this Agreement, does hereby authorize the lease of the Minnesota State Fair
Machinery Hili or a State Fair building, located on the Mimiesota State Fair grounds, hereinafter
referred to as the "Leased Premises," together with any buildings, fixtures in such buildings,
improvements and structures, if any, located thereon, provided that nofification and any
arrangements for its use be made with the State Fair's special events coordinator at least 24 hours
in advance of such use.
SECTION 2: Terms of Lease.
a. This lease will be available to the City far the duration of this Agreement.
b. Notification - Notification and any arrangements for the use of the Leased Property is to
be made to the State Fair's special events coordinator at least 24 hours in advance. Should
notificarion not be given to the State Fair's special events coordinator accordingly, the State Fair
reserves the right to cease or intemipt any training exercise which may be in operation on the
grounds.
c. Use of Premises - The City may use and occupy the Leased Premises for the following
purpose: for SPPD training exercises subject to the availability of the Leased Premises. The
SPPD may not use the L,eased Premises for any other purpose without the prior written consent
of State Fair.
d. Right of Entry - At all times during the term of the Leased Premises, the 5tate Fair shatl
have the right, by itself, its agents and employees, to enter into and upon the Leased Premises
during reasonable business hours to examine and inspect the same, provided that such entry does
not interfere with the conduct of official business or compromise security of the 5PPD use of the
Leased Premises.
e. Maintenance and Repairs - State Fair shall, at its own cost and expense, be responsible
for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to
emergency repairs of any kind; routine maintenance and repair to keep the Leased Premises in
good repair, safe and in compliance with applicable fire, health, building and other life-safety
codes; and all repairs and maintenance needed to keep the buildings or structures on the Leased
Premises in good condition, including (a) the exterior (including doors, except glass breakage,
and windows,) and interior structure of the buildings or structures, (b) the roof or roofs, (c) the
heating, ventilating and air condifioning systems therein, (d) all electrical, pluxnbing, lighting,
mechanical systems, fire suppression equipment i.e. fire sprinkler system; and (e) all grounds,
fences and roads within the Leased Premises.
In addition, the State Fair shall keep the sidewalks bordering on said Leased Premises at all times
free from ice and snow. The foregoing obligations shall bind the State Fair regardless of the
cause of the damage or condition necessitafing the repair or maintenance.
08-7�
f. Assignment and Subletting - The City shall not assign or sublet this L,ease without the
written consent of the State Fair, which consent must be obtained prior to the execution of any
agreement to sublease the I,eased Premises.
g. Surrender of Premises -`I`he City, at the expiration of use of the I,ease Premises, or any
sooner ternunation of this Agreement, shall quit peacefully and surrender possession of said
property and its appurtenances to State Fair in as good order and condition as the property was
delivered to the City.
h. Destrucrion - In the event of damage to or destruction of the Leased Premises or in the
event the premises becomes unusable or unfit for SPPD use due to such damage during the term
of this Agreement, the City may at its option:
1) Within fi8een (15) days, agree to allow the State Fair to restore the premises within a
reasonable time period following the casualty or
2) Accept reasonable fair in kind exchange of other premises or costs to the City to gain
other equally comparable premises for its use.
i. The City will, at its own expense, repair any injury to the Leased Premises, other than
ordinary wear and teaz, that has occurred during the term of the Cit}�s use of the Leased
Premises.
SECTION 3: Rent.
a. Rent associated with SPPD's use of the Leased Property will not be accessed and will be
considered a fair in kind exchange for SPPD's training of State Fair staff and other associated
costs under this Agreement.
b. The SPPD wili be responsible for any and all costs incurred by the Minnesota State Fair
as a result of the usage of the Leased Property, excluding costs that are the result of any .
omissions or acts of negligence on the part of the State Fair, its agents, employees, officials or
representatives. These costs include, but not limited to, all property loss and/or damage to State
Fair property caused directly or indirectly by the SPPD, its agents, employees, guests,
participants or aftendees.
SECTION 4: Nofice.
a. All notices herein provided to be given, or that may be given by either Party to the other,
shall be deemed to have been fully given when served personally on State Fair or City, or when
made in wriring and deposited in the United States Mail, certified and postage prepaid, and
addressed to the State Fair at 1265 Snelling Ave. N. St. Paul, MN. 55108. Nothing herein sha11
preclude the giving of such address change notice by personal service.
a$����
D• General Terms Applicable to All Aspects of the Entire Agreement.
a. Employees - Any individual performing for the City under this Agreement will be
considered an employee of the City, if the individual is a City employee, and a volunteer, if the
individual is a City volunteer. All claims that may or might arise under the Worker's
Compensation Act of this State on behalf of said employees while so engaged and any and all
claims made by any third party as a consequence of any act or omission on the part of said City
employees while so engaged in or as a result of any of the work contempiated herein shall be the
sole obiigation and responsibility of the City. The City shall not be responsible under the
Worker's Compensation Act for any employees or volunteers of the State Fair.
The Parties agree that all persons working on the State Fairgrounds under this Agreement who
aze City employees remain City employees and are in no way employed by the State Fair
provided, however, that this clause shall not apply to persons employed directly by the State
Agricultural Society. All contracts and agreements made by the City with third parties for the
performance of any work to be done under its agreement sha11 be subject to the terms of this
Agreement.
b. Time For Complefion - This Agreement, between the City and the State Fair will be for
one year, subject to termination by either Party upon a written notice of at least ninety (90) days.
a Records - As provided by Minn. Stat. 16C.Q5. subd. 5 a11 books, records, documents and
accounting procedures and practices of the City relevant to this Agreement shall be subject to
examinarion by the Society and the legislative Auditor.
Parties agree to maintain ail business records in such a manner as will readily conform to the
terms of this Agreement and to make such records available at its office at all reasonable times
during the Agreement period and for six (6) yeazs from the date of the final payment under the
contract for inspection or audit by the City, the State Auditor, or other duly authorized
representa$ve.
Parties agree to abide strictly by Chapter 13, Minnesota Government Data Pracfice Act, and in
particular Minn. Stat.§ §13.05, subd. 6 and 11; and 13.37, subd. 1(b) and Minn. Stat.§§ 138.17
and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated
by the State Fair is subject to the requirements of the Minnesota Govemment Data Pracrices Act
and the State Fair must comply with these requirements as govenunental entity. The remedies in
Secfion 13.08 apply to the State Fair. If any provision in this Agreement is in conflict with the
Minnesota Government Data Practices Act or other Minnesota state laws, state law shall control.
d. Compliance With Applicable Law - Parties agree to comply with all federal, state, and
local laws or ordinances, and all applicable rules, regulations, and standards established by any
agency of such governmental uaits, which aze now or hereafter promulgated insofar as'they relate
to the Party's performance of the provisions of this Agreement.
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e. Conflict of Interest - The State Fair will not contract for or accept employment for the
performance of any work or services with any individual, business, corporation, or govemmental
unit that would create a conflict of interest in the performance of the obligafions pursuant to this
Agreement with the City.
f. Hold Hazmless - Each Pariy agrees that it will be responsible for its own acts and/or
omissions 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 Pariy
and the resuits thereof. The liability of the City, its employees, officiais, representarives and
agents shall be governed by provision of the Minnesota Municipal Torts Claims Act, Minnesota
Statutes Chapter 466, et seq• and the liabilities of the State Fair shall be govemed by the
Minnesota Tort Claims Act, Minn stat. 3.736 and other applicable law
g. Assignment - Each Party each binds itself an its successors, legal representatives, and
assigns of such other Party, with respect to a11 covenant of this Agreement; and neither the City
nor the State Fair will assign or transfer their interest in this Agreement without the written
consent of the other.
h. Amendment or Changes to Agreement - Parties may request changes that would increase,
decrease, or otherwise modify the Scope of Services. Such changes and method of compensation
must be authorized in writing in advance by both Parties.
Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be
valid only when reduced to writing and duly signed by the Parties.
Modifications or additional schedules, costs, fees or attachments shall not be construed to
adversely affect vested rights or causes of action which have accrued prior to the effective date of
such amendment, modification, or supplement. The term "this AgreemenY' as used herein shall
be deemed to include any future amendments, modifications, and additional schedules made in
accordance herewith.
i. Waiver -Any failure of a Party to assert any right under this Agreement shall not
constitute a waiver or a termination of that right, this Agreement, or any of this AgreemenYs
provisions.
j. Survival of Obligation - 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 terminated but the Parties legally, commercially,
and practicably can conrinue this Agreement without the terminated provision the remainder of
this Agreement sha11 continue in effect.
k. Interpretation of Agreement, Venue - This Agreement shall be interpreted and construed
according to the laws of the State of Minnesota. All litigarion related to this Agreement shaii be
venued in the District Court of the County of Ramsey, Second Judicial District, State of
Og-?45
��or�.
1. Force Majeure - Neither Party shall be held responsible for performance if its
performance is prevented by acts or events beyond the Part}�s reasonable control including, but
not limited to: acts of God, severe weather and storms, earthquake or other natural occurrences,
strikes and other labor unrest, power failures elecYrical power surges or current fluctuations,
nuclear or other civil arilitary emergences, or acts of legislarive, judicial, executive, or
administrarive authorities.
m. This agreement shall not be construed as a relinquishment by the society of any of its
powers or controls over the Minnesota State Fair vested in it by Minnesota Statute Chapter 37.
n. Entire Agreement - It is understood and agreed that this entire Agreement supersedes all
oral agreements and negotiations between the Parties 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:
Mayor
By:
Director, Deparhnent
And Management Se�
By: /,�'
Chief of Poli e
STAT�QfGRICULr'Y�JRAL SOCIETY
�
:
General Manager
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