09-1125Council File # ��
Green Sheet #3081856
RESOLUTION
SAINT PAULMINNES07A
Presented by
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BE IT RESOLVED, tha the'c council authorized the City of Saint Paul, Police Department to enter into
the attached agreement wi ck & Key Productions (LKP) to provide police services for LKP's event,
the Extreme Makeover Home Edition Television Show. A copy of said agreement is to be kept on file and
4 on record in the Office of Financial Services.
5
Yeas Nays Absent
Bostrom
Carter �
Harris
Helgen �
L antry
Stark
Thune
O a
Adopted by Council: Date ��Q � ���
Adopti9x�Eertified nci ecretary
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By:
Approved b r. te l� (� O
By:
by D��artme�it o£
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Approved �y or Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepaAmenUOffice%dounciL � ^ � ��Date IniGated: �
PD-POhceDepartment ; 28SEPZoo9 , Green Sheet NO: 3081856
� Contact Person & Phone: �
Chief John Harrinpton �
266-5585 i
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� � ��•� '� For
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Doa Type: RESOLUTIOPI ' Order
Deoartment � Sent To �Person � � InitiallDate
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0 �PoticeDepartment_ _ _ _ _. . _ _POlice Deparhnent
1 Potice Department Pohce Department _.
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2 Ci li ✓
3 FinancialServices - � --- �� - �� .--- Directo�NSO - � -- '
4 l�i�or's Olfice --- �- -- - I'��_ _ Ma� _ J
5 Ctity Clerk _ __ C� Clerk __J ____
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6 �PoticeDeDartment ��r_POticeD�ar[ment � _.__
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E-DocumentRequiretl: Y � , �
�, DocomeM CoMact: Evette Scarver ' s l
Total # of Signature Pag s (Clip All L for Sig� � �
nature) I '
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�, Action Requestetl: ;
; Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department to enter into the attached j
�'�, agreement wiffi Lock & Key Productions (LKP). ,
�.— - —�-- - - - - - �-- �- -- -- �
i Recommendations: Approve (A) or Reject (R): � � Pereonal Service Contracts Must Answer the Foltowing Questionr. �I
� Plannirg Commission I 1 Has this personlfirm ever worked under a contract for this depadment? �i
CIB Committee � Yes No
i
Crvit Service Commission I 2. Has this personlfirm ever been a city employee?
� Yes No
� 3. Oces this personffirm possess a skill not normally passessed by any
�
� curtent aty empioyee.
� Yes No
� � 6cplain ali yes answers on separate sheet and attach to green sheet.
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�' Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
� The LKP event, the Exrteme Makeover Home Edition Television Show has the need fot police services in the City of Saint Paul
� Westside area.
II -- ----�------ -----____ - _- .._ _..--�-� —
� AdvanWges If ApProved: �'� _. `.. V: �p ��� I
� Provide public safery to LKP event, the Extreme Makeover Home Edition Television Show. a I
I,
DisadvanWges If Approved:
None.
SEP � G ��Q9 I
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DisadvanWges If Not Approved: � �
Lost opportuuity to provide public safety to the LKP event, the Extreme Makeover Home Edition Television Show.
ToWI Amount of
Trensactfon:
Funding Source:
Fina�cial Information:
(Explain)
CostlRevenue Budgeted:
Activfty Number:
September 29, 2009 4:08 PM Page 1
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,
o� -� i2s
Aereement
This Agreement, dated this 6y and between the CITY OF SAINT PAUL,
Minnesota, a municipal corporation under the laws of the State of Minnesota, hereafter "City," and the
Lock & Key Productions, a�y�profit corporation ree stered in the State of Mi esota hereafter
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WHEREAS, LKP'S event, the Extreme Makeover Home Edition Television Show, has the
need for police sezvices in the City of Saint Paul; and
WHEREAS, LKP wishes to ease the burden to the Saint Paul Police Department of providing
normal patrol services to the specific area during the agreed upon time period;
NOW THEREFORE, it is mutually agreed by and between the CITY and LKP as fol]ows:
Scope of Services: That for the consideration stated hereafter, the City will provide on-
duty police o�cers to Ihe area identified, located in the City of Saint Paul, in the number
and manner requested by the LKP to perform the following tasks;
A. Tra�c and Pedestrian Control. To include but not limifed to:
]. Assist with parking and traffic complaints and
2. The direction and controlling of traffic in and azound the affected area.
For purposes of the Agreement the "affected area" is the geographica] area
agreed to by the parties, as reflected in the area of the Westside, plus any araa in
which activiry which initiates or arises out of activiCies in the agreed affect area and
proceeds or occurs beyond the affected area is by definiGOn the affected area..
B. Site Security. To include but limited to:
l. Prevention of persons into unauTfiorized affected areas;
2. Assist citizens in and around the affected area; and
3. To pmvide overall safety for both citizens and crew in fhe affected area...
C. Crime Suppression. To include but not limited to:
1. Pahrol of streets and pazking lots in the affected area and
2. To provide police intervention into crimina] activiry.
D. Liaison. With the LKP manager or designate.
E. City will provide police officers for the Extreme Makeover, Home Edirion October 02,
2009 to October 10, 2009, as outlined in the attached staffing plan.
F. Unscheduled Closure ofEvent. The Saint Pau] Police Deparhnent, with or without
this Agreement, always has the authority to order and enforce a closure of the event,
if in their discretion, it is in the best interest of public safety. This dec'rsion is solely
theirs to make.
2. Equipment: That assigned police officer will provided with police radios, complete
uniforms, and required uniform accessories necessary ro perfotm the tasks identified
within this agreement.
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3. Time for Comoletion: The services under this Agreement by the Ciry will be available for
the dates given above upon execution of the agreement and will be completed in accordance
with this Agreement with the LKP.
4. Payment That the LI{P will pay the City, through its police depamnent: The regular
overtime rate plus overtime fringe benefits for police officer as found in the appropriate
collective bargaining unit agreement, total of which shall not exceed Thirty Three Thousand
Dollars ($33,000).
LKP to be billed on a one-rime basis for all services to be provided within one (1) month of
completion of services and LKP to remit payment no more than thirty (30) days from date of
invoice. If in the event the assigned officer/s/ are called away by the City pursuan[ to Section 5,
LKP will not be charged for services during this time frame. In the event activities are such that
in the discretion of the assigned commander, additional hours are needed to fulfill the terms of the
Agreement for a particular day and time, the assigned commander has the authority to continue the
police services to complete the scope of services under this agreement. Any additional time
needed as determined by the assigned commander will be bill on a hourly basis In the event, as
determined in the discretion of the assigned commander, either less or more than the agreed upon
number of officers is needed a[ any given rime for services under this Agreement, the assigned
commanding officer shall relieve or acquire additional police officers and services as needed.
5. Emer�v Recall: Each officer will remain under the City's direction and control, and will
be subject to serious police emergency call for service and/or activation of any Tactical Alert
[hroughout the city if [he need arises. Officers may be called away from the Primary Service Area
for duries not related to, or as a result of, acrivities of the affected area and the event's
patrons/visitors.
6. Vehicle Pavment: That under this agreement, vehicles services shall be included in the costs
for officers.
7. Assienment The City and the LKP each binds itself and its successors, legal represen[atives
and assigns of such other party, with respect to all covenants of the Agreement, and neither the
City nor the LKP will assign or transfer their interest in this agreement without the written
consent of the o[her
Hold Hazmless: The LKP shall indemnify, save and hold hazmless, the City and its police
officers assigned under tl�is Agreement from the alleged damages oc injuries arising directly
or indirecUy from the LKP acts or omissions while performing the work under this
Agreement, except witt� the respect to any damages or injuries resulting from the gross
negligence or willful misconduct of the City.
9. Insurance: The LKP shall provide a Certificate of Insurance naming the City and its
employees as additional insurers that related to Worker's Compensation insurance,
general liability and automobile insurance for damages out of bodily injury and property
damages during the performance of the work required pursuant to this Agreement. In
the amount listed below; Insurance:
A. Public Liability Insurance
I. Bodily Injury $1,000,000 each occurrence
$1,000,000 aggregate
2. Property Damage $ 300,000 each accident
$ 750,000 aggregate
oq-�izs
B. Automobile Insurance
l. Bodily Injury $300,000 per person
$1,000,000 per accident
2. Property Damage Not less then �50,000 per accident
Coverage shall include: hired, non owned and owned auto
C. Workers Compensation and Employers Liability
1. Workers Compensation per MN State Statue
10. Employers Liability shall have minimum limits of $500,000 per accident;
$500,000 per employee: $500,000 per disease policy limit.
Termination: This agreement will continue in full force and effect until completion of the
project as described herein unless it is terminated at an eazlier date by either party. Either
party to this agreement may terminate it by giving no less than 30 days written notice of the
intent to terminate to the other party. In the event of tennination, the LKP will pay the City
for all services actually, timely and faithfully rendered up to receipt of the notice of
terminaYion and thereafter until The date of termination. The LKP agrees to give at ]east 24
hour notice to the City of cancellation of scheduled police services. Failure to give 24 hour
notice will result in a 4 hour "cancellation" charge to the LKP.
11. ChanQe in Scope of Services: City or LKP 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.
12. Records and Dissemination of Information: The LKP agrees not to release, transmit, or
otherwise disseminate information generated as a result of this project without prior
knowledge and written consent of the City.
The LKP agrees to maintain all books, documents, papers, account records, and other
evidence pertaining to wark performed under this Agreement in such a manner as will readily
conform to the [erms of this Agreement and to make such material 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 audit or inspection by the City or other duly authorized
representatives.
In like manner, if the entire Agreement is terminated, all remaining documents on file with
LKP shall also, upon request, be available to City.
13. Equal Onuortunitv Emplovment: LKP agrees that it will not discriminate against any
employee or applicant for employment for work under this Agreement because of race, color,
religion, sex, age, or national origin and will take a�rmative steps to ensure that applicants
are employed and employees are treated during employment without regard to race, color,
religion, sex, age or national origin.
The provision shall include, but not be limited to the following: employment, upgrading,
demorion, or hansfer; recruihnent advertising, layoff or termination; rates of pay or their
forms of compensation; and selecrion for training, including apprenticeship.
14. Conflict of Interest: LKP agrees that it will not contract for or accept employment for Yhe
performance of any work or services with any individual, business, corporation, or
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govemment unit that would create a conflict of interest in the performance of its obligations
pursuant to this Agreement with the City.
I5. Entire A ereement: It is understood and agreed that the entire Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matters hereof.
16. Requirement of Writine: Any altemations, amendments, deletions, or waivers of the
provisions of this Agreement shall be void only when reduced to writing and duly sia ed
parties.
17. Amendment of Aareement: This Agreement may be amended by further mutual written
agreement of the parties thereto.
IN WITNESS WHERE OF, the parties hereto have executed this Agreement, the day and year first
above written.
CITY OF SAINT PAUL, MINNESOTA
Christopher Coleman, Mayor
Mazgaret Kelley, Director Office of Financial
Services � y �
1�
Partnership
�'�
Chief of Police
TaxpayerID: v
�� 1 "��� l� Approved as form:
Assistant Ciry Attorney