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10-351Council File # �� Green Sheet # 3099156 RESOLUTION Presented by CITY QF � PAUL, MINNESOTA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 �Q 31 VJHEREAS, the Saint Paul Fire Departrnent has received a coniribuhon of $8,000.00 from the State of Minnesota to help purchase a kitchen fue demonstrarion tzailer, and WHEREAS, Saint Paul Fue Departinent would like to accept this contribuhon from the State of Minnesota, WHEREAS, the pubhc plupose of this conhibution is to purchase a kitchen fire demonstration ffailer that will provide crtizen [he opportumty to learn kitchen fire safety, and WHEREAS, the financing and spending pians have not been estabhshed for the contribution received, and WHEREAS, the Mayor pursuant to Section 10.071 of the Charter of the City of Saint Paul, does certify [hat theie are ava�labie foz appropriation funds of $8,000.00 in excess of those esfimated m the 2010 budget; and WHEREAS, the Mayor recommends that the following addition be made to the 2010 budget: FINANCING PLAN: Current BudQet Chanae 735 — Fire Fightmg Equipment �5001 —Fire Fighring Equipment 6905 — Other Conmbutions & Donauons 0.00 8,000.00 Total 0.00 8.000 00 SPENDING PLAN: 735 — Fire Fighting Equipment 5500] —Fire Fighring Equipment 0848 — Other Capitalized Equipment Total Budaet 8,000.00 8 0.00 8 000.00 8,000.00 0.00 8_ 0,�0 00 8�000.00 �OW THEREFORE BE IT RESOLVED, that the City Council accepts this contriburion, authorizes the Saint Paul Fire DepartmenY to enter into and implement the attached �oint powers agreement, which includes an mdemnification clause, and approves the changes to the 2010 budget; a copy of said agreement is to be kept on file and of records m the Office of Fmancial Services. Bostrom Cartei i� Stark Yeas Nays Absent Requested by Departmenf o£ � i Fize /J ✓ Sy: / !/ U $ Adopted by Councii: Date /ff y/��f j� Approved Adophon Certified by Counc� Secretary By By: � J Approv b yor� Date l� �� By: Council � Green Sheet Green Sheet Green Sheet Green Sheei Green Sheet Green Sheet � lll�3�( Departmen��celCouncil: � � � Date Initiated: � FR -� Fire » FFR �nan Green Sheet NO: 3099156 Contaq person & Phone: Steve Zaccard 228-6201 Must Be� Coupcil Agenda by (Date): � H � f� f�_ Doc. Sype: RESO�UTION W!$ TR4NSACTION - E-Document Required: Y , Document ConWct: ���� LaCasse � � Contact Phone: 228-6257 - �/ Assign Number For Routing Qrder 0 1 2 3 4 5 6 � Initial/Date De arhneotDirector p `— Oifice FinancialServices D _ Cih Attome� _ _ _ �� _ M�rlAssistant Tota{ # of Signature Pages _(dip AIt Locations for Signature) V � , � ActionRequested:� i--- � -- � -- � --l----- —J —�—� , � Approval of the attached Council Resoluhon authorizing the Saint Paul Fire Department to accept the contribution of �8,000.00 from �� �'; the State of Minnesota for the kitchen fire demonstration hailer. Also, to establish the spending and financing for the contnbution I � received. i, � Recommendations: Approve (A) or Re�ect (R): '' Plamm�g Commission I � CIB Comminee � Cmil Service Commission Personal Service Contracts Must Answer the Following Questions: i 1. Has this personlfirm ever worked under a contract for this department? Yes No � 2 Has this person/firm ever been a ciry employee? I Yes No � 3 Does th�s personlfirm possess a skill not normaliy possessed by any I curreM city employee? '! Yes No EXplain alI yes answers on separate sheet antl attach to green sheet. � I __ j �I Initiating Probfem, Issoes, Opportunity (Who, What, Wfien, Where, Why): I i The Saint Pau1 Fire Depaztmern has received a contdburion of $8,000.00 from the State of Minnesota to help purchase a kitchen fire i f demonsttationtrailer. � , Advantages Vf Approved: �, A ftnancing and spending plan will be established for the conhi6ution received from the StaYe of Minnesota. The Saint Panl Fve � Depattmant will be able to purchase a kitchen fiee demonstearion trailer that wili piovide citizens the opporiuniry tp (eam kitchen fire ; safety. ' DisadVantages If Approved: None. ------ ------ — — — -------------- — Disadvantages If Not Approved: The Saint Paul F�re Departrnent will not be able to aocept the contribution of $8,000.00 from the State of Minnesota. Tota! Amount of $8 000.00 Transaction: Funding Source: Contributfon Financia l Informati on: (Explain) CosURevenue Budgeted: Y Activity Number: �35-55001 �� � ���{VE� �k� 2 5 ��i� __-- �n�___—�_� �.f5 $� 35� F L " February 17, 2010 8:13 AM Page 1 CFMS Contract No. B38805 STATE OF MINNESOTA �� ���� JOTNT POWERS AGREEMENT This agreement is between the State of Minnesota, acting throu�h its Commissioner of Public Safety, State Fire Marshal D�vision, hereinafter referred to as ("StaCe"), and the Ciry of St. Paul, Department of Fire and Safety Services, hereinafter referred to as ("Governmental UniP'). Recitals Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of a Kitchen Fire Demonstration Trailer, hereinafter referted to as "trailer", for purposes of providing public fire safety education. Cooking fizes continue to be a leading cause of residential fires in Minnesota and nationally. A Kitchen Fire Demonstration Trailer is needed to educate the general public about the hazards associated with cooking, and provide the training and education necessary to reduce deaths, injuries and property damage resulting from this cause. Agreement Term of Agreement 1.1 Effective date: March I, 2010, or the date the SYate obtains all required signamres under Minnesota Statutes Section 16C.05, subdivision 2, whichever is ]ater. 1.2 E�iratfon date: February 29, 2012, or until all obligations haue been satisfactorily fulfilled, whichever occurs first. 1.3 It is the intention of the State and Governme�tal Unit to extend this agreement for one additional two-year period and one additiona] one-year period, for a total contract term not to exceed five yeazs. 2 Agreement between the Parties 21 The State will be responsible for the following; a. Assign a State Fire Marshal staff person to receive training on the proper use and maintenance of the trailer. b. Promote the availability and use of the trailer by local fire departments state-wide for the purpose of public fire safety education. c. In cooperation with the Govemraental Unit, develop appropriate publia fire safety education materials for use with the trailer's educational activities. 2.2 Governmental Unit will be responsible for the following: a In cooperation with the State, assist with the preparation of design specifications for the purchase of a Kitchen Fire Demonstration Trailer. (See E�ibit A, which is attached and incorporated in this agreement as an example only.) b. Will comply with t6e Governmenta] UniPs purchasing policies and procedures, select a vendor and supervise the design and consriuction ofthe trailer. c. Provide appropriate secure str�rage for the trai(er. d. Provide training to State designated staff; and other users, on the proper use and maintenance of the trailer. e. In cooperation with the State, develop policies and procedures for the scheduling and use of the trailer by the State, Governmental Unit, and other potential users. The Governmental Unit will be the final authority for scheduling. f. The ownership of the trailer will reside with the Govemmental Unit. The Governmental Unit will not be responsible for replacement of the trailer if and when it becomes obsolete. 3 Payment The State will pay the Govemmental Unit the amount of eight thousand dollazs ($5,000.00). The total ob]igation of the State under this a�eement will not exceed eight-thousand dollars ($8,000.00). lomt Powers Ageement (Rev. 6/03) CFMS ContractNo. B33805 Authorized Representatives `� J 35 � The State's Authorized Representative is Robert C. Dahm. Chief Deputv State Fire Marshal. 444 Cedar Street Suite 145. St. Paul, MN 55101, or his successor. The Govemmenta] UniPs Authorized Representative is Steve Zaccard, Citv of St. Paul Fire Marshal. 100 East 11 Street St. Paul, MN. 55101, or his successor. Assignment, Amendments, Waiver, and Contract Complete 51 Assignment The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assib ment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in o�ce. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the origina] agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this ag} that failure does not waive the provision or its righY to enforce it. 5.4 Contract Complete. Governmenta] Unit. bind either party. This agreement contains all negotiations and ageements between the State and the No other understanding regarding this agreement, whether written or oral, may be used to 6 Liability The Governmentai Unit will indemnify, save, and hold the State, its agents, and employees hazmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by the Govemmental Unit ar fhe Govemmental UniPs agents or employees. This clause will not be conshued to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits Under Minn. Stat. § 16C.05, subd. 5, die Governmental UniYs books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination Uy the State andlor the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the 5tate under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply To the release of the data refened to in this clause by either the Governmental Unit or the State. If the Govemmental Unit receives a request to release the data referred to in this Clause, the Gavernmental Unit must immediately notify the State. The State wi11 give the Governmental Unit instrucvons concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all ]egal proceedings out of tttis agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10_ 1 Termirzation. The State or the Governmental Unit may ternunate this a�eement at any time, with or without cause, upon 30 days' written notice to the other party. If the Governmental Unit terminates this agreement without cause, the State shall be refunded a prorated amount of the eight thousand dollars ($8,000.00) based on the number of days remaining in term of the agreement. Joint Poweis Agreement (Rev. 6/03) `�/ � � �/ CFMS Contract No. B38805 10.2 Tertnination for Insuffuient Funding. 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 su�cient to allow for the payment of the services covered here. Tetmination must be by written or fax notice to the Govemmental Unit. The State is not obligated to pay for any seroices that aze provided after notice and effective date of termination. However, the Governmental Unit will be entided to payment, determined on a pro rata basis, for services satisfactori]y performed to the extent that funds are available. The State wil] not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that norice. 1. STATE ENCUMBRANCE VERIFICATION Indlvidual cert fes rhat (unds have been encumbered as requtred by Mmn. Stal. §§ 16A.1S and 16C.OS. ��"A�''"`_ >� � , - . Signed: ,�/� '�/yvcy��; Date: /' CFMS Contract No. B-38805 2. GOVERNMENTAL UNIT Bv: Title: Date: � Title: Date: 3. STATE AGENCY Sy: (with delegated authonty) Title: Date: 4. COMMISSIONER OF ADMINISTRATION delegated to Matenals Mana�ement Drviswn � Date� D�str�buGOn Agency Govemmental Unit State's Authonzed RepresentaGve Photo Copy Jomt Powers Agreement (Rev. 6/03) < _, . 1 r, ����� http://www.msfca.ar�/Committees/KitehenFires.hhni 4/?0/2004 �`�M'ro :.�� � . - '.:.:�'� ;,,:.� t, .. �t,- . . . '�":ii{.y?4;. � '�, i �� :, vz xi . j..•i.�„_` :i:F}: � aa;. � F� ' http:/lwwwmsfca.org/ComrnitteESiKitchenFires.html 4(20(2009 �� http:ll��rv✓msfca.org(Committees(KitcElenFires.html 4/20/2009 -.;: ._ ��, '�f ��j��S.�?j:,' ,,r http:(fwww.msf a.org(ComnlitteeslKiCcheuFires.html 4/20/2009 -_ �-��, ,. , . ��' lo -�5( � F�'-� �X _ :a �J�: '`kY /'I4:.%�et��. �: . ttttl,ltcu t ttc t,uut.a�ivit ticu�,i _ . . � —� _• �_rtrr; � -- -g5 r . �_ _ � �� . ......J.' _ - `� � _ � �aiJ _ - . t���j�� uYv. f°:k. �+ � � . ,. .'K�i it�:: +� ��{..�. 1.L� �' � http:/1www.msfca.org(Committees/Katchenr ires.ntml 4' /20/2009 City of Saint Paul Interdeparhnental Memorandum To: From: Subject: Date: Mazgaret Kelly, Finance Director Chris Eitemiller, Sr. Budget Analyst � Fire Sudget Amendment-contribution from State of MN Fire Mazshal Februazy 22, 2010 /o- ��/ This green sheet establishes a financing and spending plan for a contribution from the State of MN Fire Marshal. The contribution is in the amount of $8000. The Fire Department will use this funding to purchase a kitchen fire demonstration trailer. This trailer will be used to instruct the public on kitchen fire safety. This will require a public hearing and will be on the agenda March 3` This proposal seems reasonable, I recommend signing. AA-ADA-EEO Employer