09-738Council File # 09-738
Green Sheet #3071237
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented by
C]
1 BE IT RESOLVED, that the City Council authorizes the City of Saint Paul, Police Depariment, to enter
2 into the attached Joint Powers Agreement, which has an indemnification clause, with the Minnesota State
3 Agricultural Society "State Fair". A copy of said agreement is to be kept on file and record in the Office of
4 Financial Services.
Bostrom
Carter
Harris
Helgen
Stark
Thune
Yeas
Adopted by Council: Date �
Adoption Certified by Counc Secretary
BY� ______e����1 0/ Aiii Ly�—
Approved ay r: Date 7
BY� ��J�f.�R���
by �ffice of
BY� °' l01
Approve y Mayor for Submis, ion to Council
BY� `�i w R_J Stl/1 Q t.tA nivr
09-738
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
i Depar6nenflOfficelCouncil: � � �? Date Initiated:
', PD -PoliceDepartmeM ! pq�UN-09
�
' Coniact Person 8 Phone:
� Chief John Harzinpton
266-5588
; Must Be on Council Agenda by (Date):
�, p -� RESOLUTION
� E-DOCUment Required: Y
! Document ConWd: Evette Scarver
Con}act Phone: 266554'I
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Total # of Signature Pages 1(Clip All Locati_--_ -_- _ �-__ _,
Green Sheet NO: 3071237
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Signahtres on the attached council resolution authorizing the Ciry of Saint Paul, Police Deparlment, to enter into the attached Joint
Powers Agreement with the Mimiesota State Agricultural "State Fair".
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this deparfinent?
Yes No
2. Has this person/firm 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 J
Explain all yes answers on separate sheet and aHach to green sheet.
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
The Saint Paul Police Department will provide vazious police services for the State Fair during the period as described in the attached
agreement.
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Advantages If Approved:
In retum for services, the City of Saint Paul will receive payments from the State Fair as described in the attached agreement.
� Disadvantages If Approved:
None.
; DisadvanNages If Not Approved:
; Lost of revenue to the City of Saint Paul.
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Transaction:�See attached CosURevenueBudgeted:
Funding Source: MIf1f1QSOY8 Sf8f2 P��IC(JlttJf81 pMivity Number:
Financial Information:
(Explain)
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June 4, 2009 3:46 PM Page 1
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AGREEMENT — 2009 STATE FAIR
THIS JOINT POWERS AGREEMENT, dated this between the CITY
OF SAINT PAUL, Minnesota hereina$er referred to as "City" and the MINNESOTA STATE
AGRICLTLT[JRAL SOCIETY, hereinafter referred to as "State Fair", both political subdivisions
within the State of Minnesota, which aze 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 PURSUANI' TO THIS AGREEMENT, IN CONSIDERATION OF THE MUTUAL ,_
TERMS AND CONDTTIONS, PROMISES, COVENANTS, AND PAYMENTS
HEREINAFTER SET FORTH, TI' IS MUTUALLY AGREED BY AND BETWEEN THE CITY
AND STATE FAIIt, 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 Minuesota State Fair Machinery Hill or a State 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 around, pursuazit 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.
SECTION 1: Scope of Services.
City's responsibilities:
a. The City will provide traffic direction, crowd control, pazldng enforcement and general
police services during preparation and operation of the State Fair and specifically will provide the
services at the following St. Paul intersections:
Snelling and Como, Snelling and Midway Parkway, and posirions on Como from Canfield to
Snelling.
`�'3-73R
b. The City will provide generai police services, pazking enforcement, and traffic and crowd
control af other intersections and areas wluch may become affected by the State Fair, if these
services aze deemed necessary by the City's officer in charge of the detail and agreed to by the
State Fair.
c. The City will make 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 Ciry will provide, to the State Fair Police, at the end of State Fair, follow-up and/or
coordinated of rrim;nal investigation services necessary to complete any then active criminal
investigation.
f. If available, the City will provide the State Fair with four (1-van 3-sqds) St. Paul Police
Department (SPPD) mazked patrol vehicles, to include radios, red lights and sirens. These
vehicles will be provided for a 24 day period during the State Fair.
g. Emergency Reca11: Each SPPD officer will remain under the City's direcrion and control,
and will be subject to serious police emergency calls far service and/or activation of any Tactical
Alert throughout the ciry if the need arises. Officers may be called away from service under this
Agreement for duties not related to tlus Agreement. The SPPD may defer responding to or
perform for the State Fair under this Agreement in deference to providing essential police
services to the City of Saint Paul without penalty of liability of any kind, but will respond or
renew performance when feasibie to do so.
State Fairs responsibilities:
a. The State Fair wili promote and secure the cooperarion of its staff, without expense to the
City, including but not limited to court appearances and other assistauce to successfully prosecute
criminal cases generated from the State Fair.
SECTION 2: Billings and Payment
a. The State Fair shall reimburse the City by payment to the SPPD for employee salary and
services provided during the Minnesota State Fair according to:
The rate of regular and overtime salary, plus regular and overtime fringe benefits, for a
parking enforcement officer, police officer, sergeant, and commander as found in the labor
contracts governing these employees.
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b. The State Fair shall reimburse the City of Saint Paul Police Department 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 vehicular 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 reimburse the City by payment to
the SPPD for use of mazked patrol vehicles at a rate of Thiriy dollars ($35) per day, adjusted
yearly to reflect increases or decreases in the consumer price index.
d. The costs associated with crimival investigations will be based on the actual hourly wages
of the City employee(s) conducting the invesrigation.
e. The costs associated with the crnninal laboratory services will be pursuant to the attached
fee schedule, Attachment A.
f. The City shall keep record of its costs in providing services to the State Fair during the
Minnesota State Fair and shail prepare 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 staff and other associated costs under
this Agreement will not be accessed and will be considered a fair in kind exchange for SPPD
lease of Miunesota State Fair Machinery Hill or a State Fair building to the Ciry for training
exercises subject to notice and availability.
B. Non-Minuesota State Fair Time Services
Because the State Fair Police are not actively engaged in fu11-time law enforcement duties on the
State Fairgrounds during the time period when the Minnesota State Fair is not being held,
pursuant to tius Agreement the City has agreed to provide the below services.
SECTION 1: Scope of Services.
Cify's responsibilities:
a. The City agrees to provide general law enforcement services to the general area of the
Minnesota State Fair grounds. These services will inciude routine police patrolling consistent
with the assignment of police officers and squads to the general area of the Minnesota State Fair
grounds. It is understood routine patrolling will include general traffic supervision and building
surveillance.
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b. The City wi11 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,
traffic accidents, burglaries, criminal damage to properiy and assaults.
c. The City will provide criminal investigation services necessary for any ,'rn;nal cases
generated from 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 cooperation of its staff, without expense to the
City, including but not limited to court appeazances 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 notice and availability, as stated in Section C of this Agreement.
b. For wsts associated with B- 1- c, the criminal investigarions services will be based on
the actual hourly wages of the City employee(s) conducting the invesrigation.
c. The costs associated with B- 1- d, the criminal laboratory services will be pursuant to
the attached fee schedule, Attachment 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 prepare 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 considerarion of services not charged for, to be received or to be
availabie, under this Agreement, does hereby authorize the lease of the Minnesota State Fair
Machinery Hill ar a State Fair building, located on the Minnesota State Fair grounds, hereinafter
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referred to as the "Leased Premises", together with any buildings, fixtures in such buildings,
improvements and sfructures, if any, located thereon, provided that notification 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 Tlus lease will be available to the City for the duration of this Agreement.
b. Notification - Notification and any azrangements for the use of the Leased Properiy 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 interrupt any traiiung exercise which may be in operarion on the
grounds.
c. Use of Premises - The City may use and occupy the Leased Premises for the following
purpose: for SPPD traiuing exercises subject to the availability of the I,eased Premises. The
SPPD may not use the Leased 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 State Fair shall
have the right, by itself, its agents and employees, to enter into and upon the L,eased Premises
during reasonable business hours to examine and inspect the same, provided that such entry does
not interfere with the conduct of officiai business or compromise security of the SPPD 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 I,eased 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 ar structures on the I,eased
Premises in good condition, including (a) the exterior (including doors, except glass breakage,
and windows,) and interior structure of the buildings or siructures, (b) the roof or roofs, (c) the
heating, ventilating and air condirioning systems therein, (d) all electrical, plumbing, lighting,
mechanical systems, fire suppression equipment i.e. fire sprinkler system; and (e) ali grounds,
fences and roads within the L,eased Premises.
In addition, the State Fair shalI keep the sidewaiks bordering on said Leased Premises at all times
free from ice and snow. The foregoing obligations shall bind the State Fair regazdless of the
cause of the damage or condirion necessitating the repair or maintenance.
f. Assignment and Subletting - The City shall not assign or sublet this Lease without the
09-738
written consent of the State Fair, which consent must be obtained prior to the execution of any
agreement to sublease the Lzased Premises.
g. Surrender of Premises - The City, at the expiration of use of the L,ease Premises, or any
sooner t�+�+�nation of this Agreement, shall quit peacefully and sunender 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. Destruction - 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 fifteen (15) days, agree to aliow 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 weaz and teaz, that has occurred during the term of the City'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 will 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 aze the result of any
omissions or acts of negligence on the part of the State Fair, its agents, empioyees, ofricials or
representatives. These costs include, but not limited to, all property loss and/or damage to State
Fair property caused diractly or indirectly by the SPPD, its agents, employees, guests,
participants or attendees.
SECTION 4: Notice.
a All notices herein provided to be given, or that may be given by either Pazty to the other,
shall be deemed to have been fully given when served personally on State Fair or City, or when
made in writing 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 shall
preclude the giving of such address change norice by personal service.
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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 tbis State on behalf of said employees while so engaged and any and all
claims made by any third parCy 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 contemplated herein shall be the
sole obligation and responsibility of the City. The City shall not be responsible under the
VJorker'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
are City employees remain City employees and aze in no way employed by the State Fair
provided, however, that this clause shall not apply to persons employed direcdy 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 shall be subject to the terms of this
Agreement.
b. Time For Completion - This Agreement, betv✓een the City and the State Fair wi11 be for
one year, subj ect to teruunarion by either Party upon a written notice of at least ninety (90) days.
c. Records - As provided by Minn. Stat. 16C.05. subd. 5 a11 books, records, documents and
accounting procedures and practices of the City relevant to this Agreement shall be subject to
examination by the Society and the legislarive Auditor.
Parties agree to maintain all business records in such a manner as will readily conform to the
temis of this Agreement and to make such records available at its office at all reasonabie times
during the Agreement period and far six (6) years from the date of the final payment under the
contract for inspection or audit by tiie City, the State Auditor, or other duly authorized
representative.
Parties agree to abide stricfly by Chapter 13, Minnesota Govemment Data Pracrice Act, and in
particulaz Minn. Stat § 13.05, subd. 6 and 11; and 1337, subd. 1(b) and Mimi. Stat. §138.17 and
15.17. Ali of the data created, collected, received, stored, used, maintained, or dissemuiated by
the State Fair is subject to the requirements of the Minnesota Government Data Practices Act and
the State Fair must comply with these requirements as governmental entity. The remedies in
Section 13.08 apply to the State Fair. If any provision in this Agreement is in conflict with the
Mimiesota Govemment Data Pracfices Act or other Minnesota state laws, state law shall control.
d. Compliance With Applicable L,aw - Parties agree to comply with all federal, state, and
locallaws 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 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, coxporarion, or govemmental
unit that would create a conflict of interest in the performance of the obligations pursuant to this
Agreement with the City.
f. Hold Harmless - Each Party agrees that it will be responsible for its own acts and/or
omissions in carrying out the temis of this Ageement 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. The liability of the City, its employees, officials, representatives and
agents shall be governed by provision of the Minnesota Municipal Torts Claims Act, Minnesota
Statutes Chapter 466, et sea• and the liabilities of the State Fair shall be governed by the
Minnesota Tort Ciaims Act, Miuu stat. 3.736 and other applicable law
g. Assignment - Each Pariy each binds itself an its successors, legal representafives, and
assigns of such other Party, with respect to all 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.
}y Amendment nr C�nges 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, aznendments, deletions, or waivers of the provisions of this Agreement sha11 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, modificarion, 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 Pariy to assert any right under this Agreement shall not
consritute a waiver or a tennivation of that right, this Agreement, or any of this AgreemenYs
provisions.
j. Survivai of Obligation - If a court or governmental agency with proper jurisdiction
determines that this Agreement, or a provision herein is uniawful, this Agreexnent or that
provision, shall tenninate. If a provision is so terminated but the Parties legally, commercially,
and pracficably can conrinue this Agreement without the terminated provision the remainder of
this Agreement shall continue in effect.
k. Interpretation of Agreement, Venue - T`his Agreement shall be interpreted and construed
according to the laws of the State of Minnesota. All lifigation related to this Agreement shall be
venued in the District Court of the County of Ramsey, Second Judiciai Dishict, State of
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���- . .
1. Force Majeure - Neither Party shall be held responsible for performance if its
performance is prevented by acts or events beyond the Pariy's reasonable control including, but
not limited to: acts of God, severe weather and storms, earthquake or other natlu�al occuxrences,
strikes and other labor unrest, power failures electrical power surges or current fluctuations,
nuclear or other civil military emergences, or acts of Iegislative, }udicial, executive, or
adtninistrative authorities.
m. Tius agreement shall not be construed as a relinquishment by the society of any of its
powers or controls over the Minuesota State Fair vested in it by Minnesota Statute Chapter 37.
n. Entire Agreement - It is understood and agreed that tlus entire Agreement supersedes all
oral agreements and negotiations between the Parties relating to the subject matters herein.
IN WTINESS WHEREOF, the Parties hereto are authorized signatories and have executed this
Agreement, the day and yeaz first above written.
CTTY OF
Mayor
�tor, Depaftment of Finance
And Manae�ment Services
City Attomey
I�
of Police
MINNESOTA STATE AGRICULI�2AL SOCIETY
Human Rights�d Equal Bconomic
Opportunity D' ector
General Manager
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Deputy General
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