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09-402Council File # (��' - �Da., Green Sheet #3067836 RESOLUTION � 7 CITY OF,SAINT PAUL, MINNESOTA Presented by 1 RESOLUED, that the Ciry of Saint Paul, Police Department, is authorized to enter into the attached 2 agreement with Independent School District #625 to provide the School Police Patrol Progam (school yeaz 3 2008 — 2009) to schools in the City of Saint Paul. A copy of said agreement is to be kept on file and on 4 record in the Office of Financial Services. � the Office of Financial Services Attorney Submission to Council . Adoption Certified by Council Secretary By: By: Approved b ay : Date L U' B Adopted by Council: Date `��/r,/p'� C� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � )epartrnenUOffiee/Council: j Date InRiated: � " �/ " � Pp _PohceDepactment '� „_MAR-�9 ; Green Sheet NO: 3067836 Contact Person & Phone: Chief John Harrinqton 2665588 Must Be on Council Agenda by (Date): �Doc.Type:RESOLUTION E-Document Required: Y DocumentConWCl: EvetteScarver Contad Phone: 2665541 y i A55ign � Number Por ' Routing Order � i i Total # of Signature Pages � (Clip All Locations for Signature) 0 � 2 3 4 5 6 t/ Signatures on the attached council Lesolution authorizing the City of Saint Paul, Police Department, to entex into the attached ageement with Independent School District #625 (ISD #625). Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personai Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. initiating Problem, Issues, Opportunit7/ (Who, What, When, Where, Why): The Saint Paul Police Departrnent will provide traffic safety instructions and police coordinarion to the School's Police Patrol Program for the 2008 - 2009 scHool yeaz. Authorization is needed. AdvanWges If Approved: The Saint Paul Police Deparhnent will continue to provide for ffie safety and welfare of school children tluoughout the City of Saint Paul. DisadvanWges If Approved: None. Disadvantages Ifi Not Approved: The Saint Paul Police Deparhnent will not conrinue to provide the professional instruc[ion and coordinarion of the Saint Paul Police Patrol Program. Total Amount of � $� 651. Transaction: Funding Source: �SD #625 Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: ������V�� ` -: :. #.. . , � - �.'� i; March 11, 2009 939 AM Page 1 GS 3�67836 09�402 EXHIBIT "A" Saint Paul Public Schools Independent School District No. 625 Transportatio� Department The contract between the Saint Pau] Police Department and the Saint Paul Public Schools for the Police Department to provide services for the elementary school patrol program shall mclude: Contract Period: A 46 week contract — up to 20 hours per week, not to exceed a total of 940 hours for the 2008-2009 schoo] year. Inclusive dates are July 1, 2008 to June 30, 2009, excludmg the periods of Wmter Break and Spnng Break. 2. Provide services to the schools in the areas of a. Swearing in of schoo] patrol officers. b. Traming of school pauol officers. c. Assistance to and for bmlding school patrol supervisors. d. Penodic supervision of schoo] patrol corner crossings. e. Assist in determination of safe route to school(s). f. Traming of summer school patrol members as needed. g. Supervision of summer school patrol members. 3. Salarv: Salary will be based upon the actual hourly rate of pay pius frioge benefits. Officer Charles Ly is currently assigned as School Patro] Officer. His 2008 houriq wage pluc fringe benefits is $44.62 / per hour. Officer Ly's 2009 hourly wage pl�s fringe benefits is $ 45.18 / per hour. Estimated salary for the 2008-2009 school year is as follows: July 1, 3008 thru December 21, 2008: 22 Weeks C� 20 hours/week= 440 hours 440 hours at $44.64/ hour =$ 19,641.60 7anuazy 6, 2Q09 thru June 3�, 2�09: 25 weeks at 20 hours/week = 500 hours 500 hours at � 45.18/ hour =$ 22,590.00 Estimated 2008-2009 school year salary =$ 42,331.60 4. Mileaee: Up ro 400 miles/month for 11 mo�ths, not to exceed 4,400 miles at 55 ¢ per male. Estimated cost: $ 2,420.00 Conferences and meetin�s� The school district will reimburse the school pauol officer for such expenses as are incuned while attending such meetings or conferences as may be requested by the District. ACrREEMLNT 09-4G� THIS AGREEMENT, made this day of 2009, by and between INEPENDENT SCHOOL DISTRICT 625, hereinafter referred to as "DistricP' and CITY OF SAINT PAiJI. POLICE DEPARTMENT, hereinafter referred to as "City", IT IS HEREBY AGREED by and between the parties as follows: I. District agrees to pay City for the salary cost incuired to the assignment of 1 sworn police officer for duties and services to be performed on behalf of the District during the period of the 2005-2009 school year. Attached hereto as Bxhibit "A" is the Scope of Services for this Agreement. The Scope of Services, duties, time periods, and rates for this Agreement. II. District will pay City for services and duties for the time periods and at the rates listed m Exhibit "A". III. City will perform services and duties in accordance with Bxhibit "A" as directed by ttie District. IV. All services and duties performed by the assigned Officer will be within the course and duty of employment of the City. Officer as a City employee assigned under the Agreement will remain an employee of the City, and therefore, is covered by the City's Workers Compensahon program; will be paid by the City and entitled to City fringe benefits. Officer assigned under the Agreement will be expected to abide by and are governed by the rules and regulations of the City. V. Cost of services for said program shall not exceed the sum of forty four thousand six hundred fifty one dollars and sixty cents. ($44,651.60) VT. 09-402 That the contract time shall be in accordance with the schedule mutually agreed upon between the District and the City as detailed in Attachment "A". VII. That the City and the District aa ee to abide by Chapter 13 of Minnesota Statutes ('vlinnesota Government Data Practices Act) as well as any other applicable federal, state and local laws or ordinances. VIII. That each party agrees it will be responsible for its own and its employees, officials, agents, and representatives acts and /or omissions in carry9ng 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 or that party's employees, officials, agents or representatives and the results thereof. The liability of the parties shall be limited and governed by the provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et sea• and other applicable law. IX. That the City and the District may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and methods must be authorized in writing in advance by the District and the City. � That any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when raduced to wx7ting and duly signed by the parties. XI. That any failure of a party to assert any right under this Agreement shall not coastitute a waiver of ternunation of that right, this Agreement, or any provision of this Agreement. XII. That if a court or governmental agency with proper jurisdiction deternunes that this Agreement, or a provision therein, is unlawful, this agreement or that provision shall terminate. If a provision is so terminated and the parties can commercially and practicably continue this Agreement without the ternvnated provision, the remainder of this Agreement can continue in effect. 09-402 XIII. That this A�reement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation related to this Agreement shal] be venued in the District Court of th� County of Ramsey, Second Judicial District, and State of Minnesota. XIV. That neither the City nor the District shall be held responsible for non-performance of its duties or responsibilities under this Agreement if the party's performance was 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 miiitary emergencies, or acts of legislative, judicial, executive or administrative authorities. Additionally, the Officer will remain under the City's direction and control, and will be subject to serious police emergency recalls for service and /or activation of any tactical alert throughout the City if the need arises. Emergency recalUtactical alert decisions are within the City's discretion and aze not su�jected to question or liability under this Agreement. XV. That it is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between parties relating to the subject matter herein. XVI In cooperation with Che District and City, a police officer will be assigned to these duties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. 09-4G2 CITY OF SAINT PAUL Approved as to Form: By l. Mayor Assistant City Attorney, � l % � B ,� � --�� - Y � � day of „2009