10-681Council File # ��—��/
Green Sheet#3114337
Presented by
MINNESOTA
A
1 BE IT RESOLVED, that the city council authorizes the City of Saint Paul, Police Department to enter into the attached Joint
2 Powers Agreement which has an indemnification clause, with the Minnesota State Agricultural Society "State Fa'u". A copy of
3 said agreement is to be kept on file and on record in the Office of Financial Services.
RESOLUTION
Adoption Certified by C encil Secretary
By: i
Approved a� r: ate ��� i u
By:
� � � �� �a-�S/
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Gke�n Sheet �
DepartmeMlOfficelCouncil:
PD - Police Department
� �� T Date Initiated: �
! o4��N2o,o 1, Green Sheet NO: 3114337
. „ SentToPerson initiallDate
� ContaGt PefSOn & Phone: � � � -�- �-- � hce Denartment � i
1 Cfiief John Harti�pto� I ` o�u��ce nesartmen[ �__ pa - -
� 266-5558 I I 1 ohce D�artment _ � L. Po6ce Denartment � _ ..-_ i
_ _ _ _ __ - _ - __ _ _ _ _ _ � Assi9� � 2 �t�' ANomey � � � . . C _ , ✓� �
� Must Be on Council Agenda by (Date): I F�umber i -� �[ D�rector NSO . ,__ ___
� __ __- ._ _ ___ . _ _ _ _ _ _ _- __ Roati�g 3 �nY naI Serv�ces _ __ ,r_ Mayor __� _._ .__ �
4� a oc s Office l
I Doc. Type: RESOLUTION � Order 5 r Counc�l _[__ Coa ntO �_ __ I
� I I 7 �Police De _ _ _ 1 � - C� Clerk � _ _ __
_ _�____-____._._ __ _ . ____ �_._ -__ -
1 � p _ I�, _ Pohce Department _
E-Dxument Required: Y ! i - �
� Document Contact: Evette Scerver i
' Contact Phone: 26&5541 I �
' __ _ _ _ __ .__ _ -_L .___ __ __- ._ __- - __ _- _ , ..-__ - _ _._. _ _ _ _--_
� __—__ .__-__
Total # of Signature Pages �(Clip All LoCations for Signature) �'
-_.�__-._____-- __ ___-_- _.____-__ ___ - . __-_ . __ - _. . __ _ .__
I Action Requested:
{ Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Police Department to enter into the attached Joint
{ Powers Agxeement with the Minnesota St.:te Y,: :^.�z1Can1 "StaQe Fair". _ _
I = - - . ..� _ , . , _ .
- -� � ----------- --- ---'� ------- - --------_. - -----------
F-- - - - - - ----- ---- -----
��, Recommendahoos: Appmve (A) or Re}ect (R): � Pereonal Service Contrncts Mus[ Answer the Following Questions:
, Planning Commission � 1. Has ihis person/firm ever worked under a contract for ihis department?
� CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
� � Yes No
I 3. Does this persoNfirm possess a skill not nortnally posseued by any
current city employee?
I Yes No
� I Explain all yes answers on separate sheet and attaeh to green sheet.
I L__
_ . __ _ _ _ _ ____ ___ - _-_ ____ _.._ __-__ _.____-_ _ __- __- -______-___ -__..
I� Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why�:
, The Saint Paul Police Department will pcovide vuious police services for the State Fair during Yhe period as described in ffie attached
i agreement.
�
- - --�-- --_ --- -- --- --- - ------ -- ---- -- ----
; 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.
�i - - -- ------- ------------
Disadvantages If NM Approved:
� Lost of revenue for the Ciry of Saint Paul.
�� - - -- ---�- - - -- -- �- -- --------� --------- -- ----�---- ...-----
Total AmouM of �
Transaction: CosHRevenue Budgeted:
Funatng source: ���nesota State Agricultura{ Adivily Number. ����f ���
� Financial information: fp�
(Explain) +�uit i il .0�,��
- -- - - -- - ��TY��°QA�f�-- - -
June 4, 2010 11:30 AM
Page 1
1 Q-681
AGREEMENT — 2010 STATE FAIR
THIS JOINT POWERS AGREEMENT, dated this between the CITY
OF SAINT PAUL, Minnesota hereinafter referred to as "City" and the MINNESOTA STATE
AGRICULTURAL SOCIETY, hereinafter referred to as "State Fair", both polirical 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 foliows:
THAT PURSUANT TO THIS AGREEMENT, IN CONSIDERATION OF THE MUTUAL
TERMS AND COI�3DTI'IONS, PROMISES, COVENANTS, AND PAYMENTS
HEREINAFTER SET FORTH, TT IS MT.JT'UALLY AGREED BY AND BETWEEN THE CITY
AND STATE FAIR, 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 wili 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 Minnesota 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 year around, pursuant 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 responsibilifies:
a. i ne �i "ry wiii provide traffic direction, crowd control, parking enforcement and general
police services during prepararion and operation of the State Fair and specifically will provide the
services at the following St. Paul intersecfions:
Snelling and Como, Snelling and Midway Pazkway, and positions on Como from Canfield to
Snelling.
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b. The City will provide general police services, parking enforcement, and traffic and crowd
control at other intersections and azeas which may become affected by the State Fair, if these
services aze deemed necessary by the City's officer in chazge of the detail and agreed to by the
State Fair.
a The City wiil 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 City will provide, to the State Fair Police, at the end of State Fair, foliow-up and/or
coordinated of criminal investigation services necessary to complete any then active criminal
invesrigation.
f. If available, the City wiil provide the State Fair with four (1-van 3-sqds) St. Paul Police
Department (SPPD) muked 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 Recail: Each SPPD officer will remain under the City's direction and control,
and will be subject to serious police emergency calls for service and/or activarion of any Tactical
Alert throughout the city if the need arises. Officers may be called away from service under this
Agreement for duties not related to this Ageement. 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 feasible to do so.
State Fairs 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
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 shail 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
certificafion of the City services shall include the name and rank of each police officer and the
hours of assignment in vehiculaz and pedestrian traffic control as well as the hourly wage defined
above for such officers.
a If patrol squads are made available the State Fair shall reimburse the City by payment to
the SPPD for use of marked patrol vehicles at a rate of Thirty Five dollars ($35) per day, adjusted
yearly to reflect increases or decreases in the consumer price index.
d. The costs associated with criminal investigarions will be based on the actual hourly wages
of the City employee(s) conducting the investigation.
e. The costs associated with the criminal 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 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.
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 Minnesota State Fair Machinery Hiil or a State Fair building to the City for training
exercises subject to notice and availability.
B. Non-Minnesota State Fair Time Services
Because the State Fair Police are not actively engaged in full-time law enforcement duries on the
State Fairgrounds during the time period when the Minnesota State Fair is not being held,
pursuant to this Agreement the City has agreed to provide the below services.
SECTION 1: Scope of Services.
City's responsibilities:
a. The City agrees to provide general law enforcement services to the general area of the
iviinnesoia Staie r air grouncis. 1 hese services will include 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 rourine patrolling will include general traffic supervision and building
surveillance.
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b. The City will 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 limitation,
traffic accidents, burglaries, criminal damage to property and assaults.
c. The City will provide criminal investiga6on services necessary for any criminal cases
generated from or on State Fair gounds 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, inciuding but not limited to court appearances and other assistance to successfully prosecute
cases generated from the State Fair.
SECTION 2: Billings and Payment.
a. Costs associated with SPPD generai 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 costs associated with B- 1- c, the criminal investigations services will be based on
the actual hourly wages of the City employee(s) conducting the investigation.
c. The costs associated with B- 1- d, the criminal labaratory 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
aznount 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
i�,Ciivti i: Leased rremises.
a. The State Fair, in consideration of services not charged for, to be received or to be
available, under this Agreement, does hereby authorize the lease of the Minnesota State Fair
Machinery Hill or 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 structures, if any, located thereon, provided that notification and any
arrangements for its use be made with the State Fair's speciai events coordinator at least 24 hours
in advance of such use.
SECTION 2: Terms of Lease.
a. This lease will be available to the City for the duration of tlus Agreement.
b. Notification - Notification and any arrangements for the use of the Leased Property is to
be made to the State Fair's special events coordinator at least 24 hours in advance. Should
notification not be given to the State Fair's special events coordinator accordingly, the State Fair
reserves the right to cease or internxpt any training exereise which may be in operation on the
grounds.
a Use of Premises - The City may use and occupy the Leased Premises for the following
purpose: for SPPD training exercises subject to the availability of the Leased 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 Leased Premises
during reasonable business hours to examine and inspect the same, provided that such entry does
not interfere with the conduct of official 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 otherlife-safety
codes; and all repairs and maintenance needed to keep the buildings or structures on the Leased
Premises in good condition, including (a) the exterior (including doors, except glass breakage,
and windows,) and interior structure of the buildings or struchues, (b) the roof or roofs, (c) the
heating, ventilating and air conditioning systems therein, (d) ali electrical, plumbing, lighting,
mechanical systems, fire suppression equipment i.e. fire sprinkler system; and (e) all grounds,
fences and roads within the I,eased premises.
in ad�iition, tne State rair shaii keep tiie sidewaiks bordering on said Leased Premises at all times
free from ice and snow. The foregoing obligarions shall bind the State Fair regardless of the
cause of the damage or condirion necessitating the repair or maintenance.
Assignment and Subletting - The City shall not assign or sublet this I.ease without the
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written consent of the State Fair, which consent must be obtained prior to the execution of any
agreement to sublease the Leased Premises.
g. Surrender of Premises -'I'he City, at the expiration of use of the Lease Premises, or any
sooner ternunation of this Agreement, shall quit peacefully and surrender 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 allow 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 wear and tear, 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 L,eased Property will not be accessed and wili 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 Properiy, excluding costs that are the result of any
omissions or acts of negligence on the part of the State Fair, its agents, employees, officials or
representatives. These costs include, but not limited to, all property loss andlor damage to State
Fair property caused directly 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 Party to the other,
shall be deemed to have been fully given when served personally on State Fair or Ciry, or when
made in writing and deposited in the United States Mail, certified and postage prepaid, and
auiresse2i to the SYate rair at 120J Jnelling Ave. N. St. Paul, MN. 55108. Nothing herein shall
preclude the giving of such address change notice by personal service.
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D. General Terms Applicabie to All Aspects of the Entire Agreement.
a. Employees - Any individual performing for the City under this Agreement wili 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 this State on behalf of said employees while so engaged and any and all
claims made by any third parry 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 shail not be responsible under the
Worker's Compensation Act for any employees or volunteers of the State Fair.
The Parties agree that al] persons working on the State Fairgounds under this Agreement who
are City employees remain City emplayees and aze in no way employed by the State Fair
provided, however, that this clause shall not appiy to persons employed directly by the State
Agrieulhual Society. All contracts and agreements made by the City with third parties for the
performance of any work to be done under its agreement sha11 be subject to the terms of this
Agreement.
b. Time For Completion - This Agreement, between the City and the State Fair will be for
one year, subject to terminarion by either Party upon a written notice of at least ninety (90) days.
c. Records - As provided by Minn. Stat. 16C.05. subd. 5 a71 books, records, documents and
accounting procedures and practices of the City relevant to this Agreement shall be subject to
examinarion by the Society and the legislarive Auditor.
Parties agree to maintain all business records in such a manner as will readily conform to the
terms of this Agreement and to make such records available at its office at all reasonable times
during the Agreement period and for six (6) years from the date of the final payment under the
contraet for inspecfion or audit by the City, the State Auditor, or other duly authorized
representative.
Parties agree to abide strictly hy Chapter 13, Minnesota Government Data Practice Act, and in
particular Minn. Stat. § 13.05, subd. 6 and 11; and 13.37, subd. 1(b) and Minn. Stat. §138.17 and
15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by
the State Fair is subject to the requirements of the Minnesofa Government Data Practices Act and
the State Fair must comply with these requirements as governmental entity. The remedies in
Secrion 13.08 apply to the State Fair. If any provision in this Agreement is in conflict with the
Minnesota Govemment Data Practices Act or other Minnesota state laws, state law shall control.
u. Cornpiiance vviin Appiicabie L,aw - t arties agree to comply with all federal, state, and
local laws or ordinances, and all applicable rules, regulations, and standards estabiished by any
agency of such governmental units, which aze 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, corporation, or governmental
unit that would create a conflict of interest in the performance of the obiigarions pursuant to this
Agreement with the City.
f. Hold Harmless - Each Pariy agrees that it will be responsible for its own acts andlor
omissions in carrying out the terms of this Agreement and the results thereof to the extent
authorized by law and shall not be responsible for the acts andlor omissions of the other Party
and the results thereof. The liability of the City, its employees, officials, representatives and
agents shall be govemed 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 Clanns Act, Minn stat. 3.736 and other applicable law
g. Assignment - Each Party each binds itself an its successors, legal representarives, 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 interesf in this Agreement without the writCen
consent of the other.
h. Amendment or Changes to Agreement - Parties may request changes that wouid increase,
decrease, or othenvise modify the Scope of Services. Such changes and method of compensation
must be authorized in writing in advance by both Parties.
Any aiterations, amendments, 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 ar causes of action which have accrued prior to the effecrive date of
such amendment, modification, 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 Party to assert any right under this Agreement shall not
constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's
provisions.
j. Survival of Obligation - If a court or governmental agency with proper jurisdicfion
determines that ttus Agreement, or a provision herein is unlawful, this Ageement or that
provision, shall terminate. If a provision is so ternunated but the Parties legally, commercially,
and practicably can continue this Agreement without the terminated provision the remainder of
uus � Sriaii CAnfulue lIl eIIect.
k. Interpretation of Agreement, Venue - This Agreement shall be interpreted and construed
according to the laws of the State of Minnesota. All litigation related to this Agreement shall be
venued in the District Court of the County of Ramsey, 5econd Judicial District, State of
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Minnesota.
I. Force Majeure - Neither Party shali be held responsible for performance if its
performance is prevented by acts or events beyond the Party's reasonable control including, but
not limited to: acts of God, severe weather and storms, earthquake or other narival occurrences,
strikes and other ]abor unrest, power failures electrical power surges or current fluctuarions,
nuclear or other civil military emergences, or acts of legislative, judicial, executive, or
administrative authorities.
m. This agreement shali not be construed as a relinquishment by the society of any of its
powers or controls over the Minnesota State Fair vested in it by Minnesota Statute Chapter 37,
n. Entire Agreement - It is understood and agreed that this entire Agreement supersedes all
oral agreements and negotiations between the Parties relating to the subject matters herein.
IN WI1`NESS WHEREOF, the Parties hereto aze authorized signatories and have executed this
Agreement, the day and.yea� �above written.
C1TY OF SAINT PAU�,___
�.-_-.�
By: �' _
Approved as to
�
Director, Deparhnent
And Management Se�
:
of Police
STATE AGRICi�,'I'URAL SOCIETY
Human Rights and�qual Economic
Opportunity Direc r
�
General Manager
:
Deputy Gen�fal Manager
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