10-351Council File # ��
Green Sheet # 3099156
RESOLUTION
Presented by
CITY QF
�
PAUL, MINNESOTA
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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
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� 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
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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)
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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