09-882council File # (� g�
Green Sheet#30
Presented by
RESOLUTION /�
OF S�NT_PAUL, MINNESOTA
1 RESOLVED, that the Ciry of Saint Paul, Police Department, is authonzed to enter into the attached agreement with the State of
2 Minnesota. The State of Minnesota wi11 continue to reimburse the city for responding to requests for ordnance disposal services
3 from July 1, 2009 through June 30, 2011. A copy of said agreement is to be kept on file and on record in the Office of Financial
4 Services.
Bostrom
Harris
Adopted by Councii: Date d �/G/ �
Requested by Department of
By:
Approved b an ' 1
By:
Approv Ci Attomey
By:
Aqprov�d `yor Ibr„Submis�eon to
Adoption Certified by Council ecretary By:
Sy: _—�.�' ( -
e
Approve y Ma o. ate �
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
(Y �gga--
, �Pa�e,�«��e«�n��,_ ��,n���� Green Sheet NO: 3072312
, P p Police Department j �p..JUL-09
, CoMact Person 8 Phone: � �� �_ ^--�
Chief John Harrinqton
266-5588
Must Be on Councit Agenda by (Date):
Doc. Type: RESOLUT�ON
Denarhnent � SeM To Person InitiallDate ,
. _ _ _ __ ___ _�__ -.__ __—
PoliceD�arqnent__ _ �,_._PoliceDep_a�iment_�__ ,
PoliceDepartmen[_ - - - � �- - PeticeD�rhnent__ ����_ ,.
C�Attomey_ _ � __ _ __ _ ,. ____CiryAttomeY___ __�� _ �� .
�mancial Services Directo , FSO �_, .
,MaYOr'sOffice - - _ - "1Nayar . --1 ___.__
- - - � `- - - - ---' -
'- ---------_ ` -,-__�`-- -----�
Connait _ _ Cooncil_____� .___-_ _ �
City Clttk_ _ - - - - - -�- - - � - CiTy Clerk_ --'� __ _ _ _ _ _- i
'__- - _-___ ����- _ _ ___ �
�►
j Assign
Number
' Fa'
Routing
� OMEr
0
�
2
3
4
5
6
� EDoGUment Required: Y ' f 1�� Department __ � Po6ce Department _, ____ __ _, I
j Document Cortact: Evette Scarvsr � { Y �
'� Contact Phone: 266-5541 �I � ,
l--_ __ ____ __ t _ _ ' i I
; Total # of Signffiure Pages _l (Clip Atl Locations for Signature) � �
�,-______ ._ __ _ ._ ____ ______ _____
I Action Requested: - _ - - - - - _._ - __ . _ _ _ ._ __ _ - _ ____ _._ __ _ _ _. _ _I
� Signatures on the council tesolurion authorizing the City of Saint Paul, Police Department Otdnance Unit (ODU) to enter into the �
� attached Joint Powers Agreement with the State of Minnesota. �
� _ _i
---- - - _�--- - � -- ------ -- -- -- --- ------------------ �
� Recommendalions: A ve A or Re'ect R: �
, PPro O 1 O Personal Service Conhacks Must Answer the Following 4uestions: I
' Planning Commission �
li � 1. Has this person/firm ever worked under a contract for this department? i
C18 Committee i Yes No +
� Civil Service Commission i 2. Has this person/firm ever been a city employee? �
� Yes No �
i i 3. Dces this person/srm possess a skiN not normsity possessetl by any I
� current city employee�
i
� Yes No �
I
� I Explain all yes aaswers on separate sheet and attach to green sheet. ;
-
�- - f — - - - -- ----- --- -- -- --- ----- �
� InHiating P�oblem, Issues, Opportunity (Who, What, When, Where, Why): i
; The 5aint Paul Police Department ODU will continue to dispose of or neuttalize bombs or other similaz hazardous explosives for other
� municipaLities witlun the State of Minnesota from 7uly 1, 2004 through June 3Q 2011. I
� I
� -- - - - --- - - -- - - -- - - - _ - - -- --- - - - - --- ---- - -
i Advantages If Approved: �
; The Saint Paul Police Department will continue to be reimbursed by the State of Minnesota for ordnance disposal services provided to
� othei municipalities in the State of Minnesota. I
�----- --- ----- - - - - - - - �- --
_ .- � -- --- - - --- - - -
; DisadvanWges If Approved: " - � - - .. . - � - - - �
� Nane.
�
i
i - - - - - -�-- - --- ---------------------_-____---
�, DisadvanWgeslfNotApproved: �
The Saint Pau1 Police Department will discontinue providing orctoance disposal services to other municipalilies throughout the State of
� Minnesota.
- ---
Total AmouM of $r� 0��.00
Transaction:
F�oa�ny so�rce: State of Minnesota
Financial Information:
(Explain)
Activity Number. 001-04300-4344
���'���E�
-- — — — — _. — — -- — — --- — AUG--� 5 —2�#D9 _ !
� � � .=; s� : ;;'`� ��
CostlRevenue Budgeted:
July 10, 2009 11:04 AM Page 1
CFMS Contract No. B29847
STATE OF MINNESOTA � " 1 �a'
JOINT POWERS AGREENIENT
This agreement is between the Sfate of Minnesota, acting through its Commissioner of Public Safety, Division of
Homeland Security and Emergency Management {"State"} and City of St. Paui, St Paul Police Beparhnent ("Governmental
Unit").
Recifa]s
Under Minn. Stat. § 47L59, subd. ld, and Minn. Stat § 299C.063, subd. 2 and 3, the State is empowered to engage such
assisfance as deemed necessary, to enter into agreements with brnnb disposal units, and to teimburse Sfate approved homb
disposal units for reasonable e�enses incused providing services under this agreement.
Agreement
'Term of Agreement
1.1 Effective dnie: 7uiy 1, 2009, or the date the State obffiins all required signatures under Minnesota Statutes
SecUon 16C.05, subdivision 2, whichever is later.
1.2 Exprratiott date: June 3Q 2011, or un$1 all obligations have been sarisfactoiily fulfilled, whichever occurs fus�
Agreement between the Parties
2.1 Defini6ons: The terms used in this agreement have the meaning given them in Minn. Stat. § 299C.063, suhd. l:
{a} `Bomb disposal uniP' means a cominissioner-approved unit consisting of persons who are trained and
equipped to dispose of or neutralize bombs or other similar hazardous eacplosives and who are employed by a
municipality; and
(b) "Cormnissioner" means the commissioner of public safety; and
(c) "Municipality" has the meaning given it in section 466AI; and
{d) "Hazardous explosives" means explosives as defined in section 299F.72, sub. 2., explosive devices and
incendiary devices as defined in secfion 6�9.668, su6d. 1, and all mateiiais subject to regulation under United
States Code, fitle 18, chapter 40.
(e) "Geographic jurisdiction" means flie corporate I'vnits of ihe Govertunental Unit.
2.2 Governmental Unit will pmvide the following services when responding tn calls:
(a) Governmental Unit is an approved bomb disposal unit, and will provide bomb squad services outside of its
geographic jurisdic'cion for another municipality or otherwise outside the jurisdicfion ofthe employer-
municipality but within the state.
(b} Governmental Unit will only invoice the State for �penses incurred while providing bomb disposal unit
services outside its geographic jmisdiction for another municipaiity or otherwise outside the jurisdic$on of t6e
employer-municipaiity but within the sfate. Expenses incurred and invoiced to the State will be set at a flat rate
of $175.00 per hour. Shoutd the Govemmental Unit have a contract with anotfier enrity other than the State for
these services, the Govemmental Unit will not snvoice tfie State for services covered by ffiat contract.
(c) A set flat rate of $175.00 per hour for expense reimbursetnent to the C�overnmental Unit is inclusive of the
bomb squad unit and all services provided.
(d) Governmental Unit wil] provide reports to the State's Authorized Representative at leasf quarterly, but not moi�e
often than monthly using a reporting forrnat approved by the State. Reports must include a brief oufline of
seivices provided and costs incuned. T"nis report �nust be submitted to the State's Authorized Representatsve
with invoice for expense reimbursement.
- -----
--�--°
Payment � � _ - -. ��---_
31 The State will reimburse the Governmentat Unit no more than $27,000.00 from July 1, 20d9 through 7une 30,
2010, and an additiona) $27,ODQ.00 from July l, 2010 ttu•ough 7une 3Q, 20ll, for Goveinmental UniYs bomb
disposal unit responding to calls as specifiad under Clause 2 of this agreement, and in accordance with t�e
foliowing:
(a) The Governmentai Unit will be reimbmsed at a flat rate of $175.00 per hour for services provided when
Joint Powexs Agreement (Rev. 8/63)
o9-S�a
CFMS ConhzetNo. B29847
responding to calls. This flat rate is inc[usive of the bomb disposal unit and services provided.
(b) Reimbursement is limited to the extent of appropriated funds.
{c) Funds not expended by the Governmental Unit during the fust state fisca( yeaz of this agreement will be
canceled and re-established in the follovaing state fisca3 year of this agreement
3.2 Tfie State wilI make payments to flie Governmental Unit gromptly after the Goyemmental UniYs presentation of
invoices for services perfoimed, and acceptance of such services by the State's Authorized Representafive puxsuant
to Clause 4 of this agreement. Invoices will be submitted in a form prescribed by the State and m accordance with
the following schedule:
(a) Itemized invoices will 6e filed in arrears at least qvarterly, but not more often than monthly and within 3 � days
of the period covered by the invoice fo* work performed. Final invoice for the first state fiscal year of this
agreement must be received by the State no later than July 31, 2010. Reunbwsement from the second state
fiscal yeaz may commence on or after July I, 2010. The final invoice pertaining to the second year of this
agreement must 6e received by the State no later than July 31, 2Qi l.
{b) Bxpeuditures of each state fisoal year of this agreement must be for services performed within applicable state
fiscal year and within the terms of this agreement.
(c) Funds specified for the second state fiscai year of this agreement may not be �pended until 7uly 1, 201Q attd
may only be expended for services provided in the second state fiscal year of this agreement (July l, 2010
though June 30, 2011}.
The total oSligation of the State for all reunbursement to the Governmental Unit under this agreement will not exceed
$54,0OO.OQ.
4 Authorized Representaflves
The State's Authorized Representative is Bill Chandler, Homeland Security Branch Director, Division of Homeland
Security and Emergency Management, 444 Cedar Street, Sulte 223,.St. Paul, MN 55101-6223, (651) 201-7450,
William.chandle�state.mn.us, or hisfher successor or designee,
Tl�e Governmental Unit's Authorized Representarive is Sargent I,arry Rogers, Saint Paul, Minnesota, 367 Grove 5treet,
St Paul, MN 55161, Phone: (651) 291-1111, or histher successor or designee.
Assignment, Amendments, Waiver, and Contract Complete
51 Assigx»:ent. The Gove�nmenta3 Unit may neither assign nor transfer any rights or obiigations nnder this
agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and
appiroved by the same parties who executed and approved this ageement, or t6eir successors in office.
S.2 An:endmenis. Any amendment to this agreement must be in writing and will not be effective until it has been
�ecuted and approved by the same parties who �ecuted and agproved the originai a�eement, or their successors
in office.
5.3 Wniver. If the State fails to enforce any provision of this agreement, that failure does not waive the prrnision or its
rightta enforce it.
5.4 Contract Complete. This agreemettt contains all negotiafions and agreements 6etween the State and the
Govercvnental Unit. No other undersfanding regarding this agreement, whether wi9tten or oral, may be used to
bind either party.
b Liability '
Bac� party w'tll be responsible for their own acts and the results thereof. The Municipat Tort Claims Act, Minnesota
section 176192 govern the State's liability, A member of the Govemmental UniY s bomb disposal unit approved by
the Commissioner of the Departrnent of Public Safety and emplayed by the Governmental Unit is considered an
employee of Uie State when engaged in the disposal or neutralization of bombs or other similar hazardous explosives,
as defined in section 299C.063 outside the jurisdiction of the municipaliry but within the state for the purpose of the
Minnesota Tort Claims Act, Minnesota Statutes 3.732-3.736. This clause shall not be cons4ued to bar any legal
Joint Pavers Agseement (Rev. 8f03)
vy-g8 a-
CFMS Confract I3o. B29847
remedies the Govemmental Unit may have for fihe StaYe's failure to fulfill its obligations pursuant to this ageement.
The Governmental Unit's geographic }urisdicuon is defined as foAows: For purposes of this agreement, the
Governmental UniYs normal geo�ap3uc jw�isdiction is corporate city limits of the Saint Paul, Minnesota.
7 Workers' Compensation
The Govemmental Unit ceriifies that it has complied with the workers' compensarian requirement of Mimiesota
Statutes Section 176.181, subd. 2. Nofwittistanding Ciause 6 of this agreement, a member of the Governmental UniYs
homb disposal unit approved by tha Commissioner of the Depatlment of Public Safety and employed by the
CTOVernmental Unit is considered an employee of the Deparhnent of Public Safety solely for the purposes of Minnesota
Statutes Chapter 176 relating to workers' compensation when disposing of or neutralizing bombs or other similar
hazardous explosives, as defmad in secfion 299C.053 outside the jurisdicrion of the Governmental Unit.
The Governmental Unit's geographic jurisdia6on is defined as follows: Por purposes of this agreement, the
Govemmentat UniYs normal geographic jurisdiction is the corporate cify limits of the City of Saint Paul, Miunesota.
8 SYafe Audits
Under Minn. Stat. § 16CA5, subd. 5, the Governmental Unit's books, records, documents, and accounring pmcedures
and practices relevant to ttris agreement are sub}ect to examination by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a minimam of sie years from the end of this agreemen�
9 Government Data Pracfices
The Governmental Unit and State must comply with the Minnesota Govenunent Data Praetices Aet, Minn. Stat. Ch.'
13, as it applies to aI3 data provided by the State under this agreement, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Governmental Unit urider this agreement. The civil remedies
of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or tlxe
State.
10 Venue
Veuue for all tegal proceedings out of this agreement, or its breach, must be in the appropriate state or fedea�ai court
with competent jurisdiction'in Ramsey County, Minnesota.
11 Tecmination
I i.1 Terminafion. The State or the Governmental Unit may tecuiinate this agreement at any time, with or without
cause, upon 30 days' written notice to the other party.
11.2' Terminafion jor Insu�cient Furrding. The State may immediately terminate this agreement if it does not obtain
funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient
to allow for the payment of the services covered here. Tetznination must be by wriiten or fax notice to ttte
Governmental Uni� The State is not obligated to pay for any services that are providad after notice and effective date
of termination. However, the Governmental Unit will be entit(ed to payment, determined on a pro rata basis, for
services satisfactorily perfornied to the ax#ent that funds are available, The State will not be assessed any penalty if the
agreement is terminafed because of the decision of the Miunesota Legislature, or other funding source, not to
time o£the Sfafe's receiving fhat notice.
Joint Powers Agreement (Itev. 8103)
1. STATEENCUMBRANCEVERIF�'TCATION
Indrvidna7 certifies thWfnnds have fieen encumbered as
required by M"ma S�at §§ 16A15 and 16C.05.
Signed:___r�� /�
Date: /�' ` .�
� i
CFMS Contract No. B}9847 �
�—
2. GOVERNMENTALUNYT \
By:
Title: Chief of Police
Date:
Titie: Ci
Date:
By:
Title:
Date:
B}�:
Title:
Date:
By: _
Title:
Date:
FSO
J'
l
�.
d
� 1 ,
. �
uman�a•�h s and Ec
7ointPoq�ers Agreement (Rev, 8lD3) ,
���0 �
CFMS CantractNo: 829847
3. 9TATI
By: _
; (with
:Tifle__
r
r
Date:
4: COMMISSIONIIY�OF ADMINISTRATION
�ed w ,Msittizis t+3znagemem Division
By:
Date:
0
Distribution:
Agency .
Govemmentat Unit
State's Audwrized Rep�entarive - Phow Copy
Economic Opportunity
0
4
u
STATE OF MINNESOTA
LOCATION OF SERVtCE DISCL�SURE AND CERTIPICATION
d y-gg a-
LOCATION OF SERVIGE DISCLOSURE
Check ail that apgly:
!`j� Tfle services to be performed undez the anticipated contract as specified in our proposal will be performed
EI3TIRELY within the State of Nfinnesota.
❑ The services to be performed under the anticipated contract as specified in our proposal entail work
ENTIR.ELY within another state within the United States.
Q The services to be performed under the anticipated contract as specified an our proposal w11 be performed in
part within Minnesota and in part within another state within ihe United States.
❑ The services to be performed under the anticipated contract as specified in our proposal DO involve wark
outside the United States. Be1ow (ar attached) is a description of
(1) the identity of the company (identify if subcontractor} performing services outside the United States;
(2) the location where services under the contract will be performed; and
(3} the percentage of wark (in dollazs) as compazed to the whole that will be conducted in each identified
foreign location.
CER7IFICATION
By signing this statement, I certify that the information provided above is accurate and that the location where
services have been indicated to be performe.d will not change during the course of the contract without prioz,
written approval from the State of Minnesota. �, � �
Name of Company:
Authorized Signature:
== - ��x=°-- °—=u
T�rintedName:
Title:
Telephone Number: � �� �� �� � J � ��