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05-506Council File # RESOLUTION OF �1INT PAUL, MINNESOTA Presented By: Green Sheet # 16 Referred To: Committee:Date: 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached 2 agreement with Independent School District #625 to provide the School Police Patrol Program to 3 schools in the City of Saint Paul. A copy of the agreement is to be kept on tile and on record in the 4 Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Requested by Department of: Adopted by Council: Date: Ju,r�,Q � �2/J OS' J Adoption Certified by Co� ncil Secretary: BY� � Yi�sds� Approved � ayor: Da,te: (�' � � �� B ��'7�Cil.C�v B Mayor,for SuKmis�� to OFj- �p 3026379 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � _ . ,. , _ . ._ � �h"�- 5t�to DepartmeMlofficelcouncil: Date Initiated: pD — policeDepariment 03MAY-05 Green Sheet NO: 3026379 Conpct Person & Phone• ���eM Se�rt To Person InitiaUDate Chief John Harrington � 0 li artmevt Police D artment 2665588 Assign I olice De artment De artmeot Director Must Be on Council Agenda by (Date): Number Z i A[[ roe Ci A ome t,� Fo� 3 a or's O�ce Ma or/Assistant Routing . Order 4 ouncil uo il 5 i lerk Ci Clerk - 6 olice De artment P lic De ar m nt 7oTa1 # of Signature Pages 1 (Clip All Locations for Signature) Action Requested: Signatures requested on the attached council resolution authorizing the Ciry of Saint Paul, Police Deparhnent, to enter into the attached ageement with Independent School District #625. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee � Yes No . Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No " � Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why�: The Saint Paul Police Department will provide traffic safety insuucTion and police coordination to the School PoIice Pauol Progam for the 2004-2005 school year. AdvanWges If AppfoVed: The Saint Paul Police Department will continue to provide for the safety and welfare of school children throu � out of Saint Paul. Disadvantages If Approved: �yv � 1 �UltJ None. no � � �� 9 � ����.6E�EV� 6 Disadvantages if Not Approved: � � The Saint Paul Police Department will not continue to provide the professional instruction and coordination of the Saint Paul School Police Patrol Program . Total Amount of See ContraCt CostlRevenue Budgeted: Transaction: Fundinn Source: Independe�t SChool Activitv Number: financial Information: �ISYftCt #F)25 " � (Explain) AGREEMENT (�j THIS AGREEMENT, made this day of 2005, by and between INEPENDENT SCHOOL DISTRICI' 625, hereinafter refened to as"District" and CTTY OF SAIlVT PAUL POLICE DEPARTMENT, hereinafter referred to as "City", IT IS HEREBY AGREED by and between the parties as follows: I. District agrees to pay City for the salary cost incuned to the assignment of 1 sworn police officer for duties and services to be performed on behalf of the District during the period of the 2004-2005 school yeaz. Attached hereto as Exhibit "A" is the Scope of Services for this Agreement. The Scope of Services, duties, time periods, and rates for this Agreement. � District will pay City for services and duties for the time periods and at the rates listed in Exhibit "A". IlI. City will perform services and duties in accordance with Exhibit "A" as directed by the District. IV. All services and duties performed by the assigned Officer will be within the course and duty of employment of the City. Officer as a City employee assigned under the Agreement will remain an employee of the City, and therefore, is covered by the City's Workers Compensation program; will be paid by the City and enfitled to City fringe benefits. Officer assigned under the Agreement will be expected to abide by and aze governed by the rules and regulations of the City. � Cost of services for said program shall not exceed the sum of thirty-four thousand, eight hundred doliazs and .40 cents. ($34,800.40) �. (�j That the contract time shall be in accordance with the schedule mutually agreed upon between the District and the City as detailed in Attachment "A". C+/� That the City and the District agree to abide by Chapter 13 of Minnesota Statutes (Minnesota Government Data Pracrices Act) as well as any other applicable federal, state and local laws or ordinances. ►�/1_I_� That each party agrees it will be responsible for its own and its employees, officials, agents, and representatives acts and /or omissions in canying out the terms of this Agreement 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 or that party's employees, officials, agents or representatives and the results thereof. The liability of the parties shali be limited and governed by the provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et sea' and other applicable law. L►.'� That the City and the District may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and methods must be authorized in writing in advance by the District and the City. ►'� That any alterations, amendments, deletions, or waivers of the provisions of tlus Agreement shall be valid only when reduced to wriring and duly signed by the parties. 1� That any failure of a party to assert any right under this Agreement shall not constitute a waiver of termination of that right, this Agreement, or any provision of this Agreement. XII. That if a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision therein, is unlawful, this agreement or that provision shall ternunate. If a provision is so terminated and the parties can commercially and practicably continue this Agreement without the ternunated provision, the remainder of this Agreement can continue in effect. j `�,���-;, ^� : l�-oe.�." �S - 5� .�� That this Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigarion related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, and State of Minnesota. XIV. That neither the City nor the District shall be held responsible for non-performance of its duties or responsibilities under this Agreement if the party's performance was prevented by acts or events beyond the party's reasonable control including, but not limited to, severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive or administrative authorities. Additionally, the Officer will remain under the City's direction and control, and will be subject to serious police emergency recalls for service and /or activation of any tactical alert throughout the City if the need arises. Emergency recalUtactical alert decisions are within the City's discretion and aze not subjected to question or liability under this Agreement. ►:��w That it is understood and agreed that this entire Agreement supersedes a11 oral agreements and negotiations between parties relating to the subject matter herein. XVI In cooperation with the District and City, a police officer will be assigned to these duties. IN WITNESS WF3EREOF, the parties hereto have executed this Agreement, the day and year first above written. , �'-t„v�ja-cA�,�uc� ��� [�1 f11►Y�7 �f.Y_\ I� II7�U � By ! �� Mayor By Director, p And Manag e By C ief of: nt of Finance Services INDEPENDENT SCHOOL DISTRICT NO. 625 BY ^ � , Superintendent of Sc ools Approved as to Form: � � Attorney day 2005 Approved as to Form: ��� day of �' 2005 �rL°, !� II �. -._�,��. ..,�- �,'.•.�� � / p5 EXHIBIT "A" Saint Paul Public Schools Independent School District No. 625 Transportation Department The contract between the Saint Paul Police Department and the Saint Paul Public Schools for the Police Department to provide services for the elementary school patroi program shail include: Contract Period: A 46 week contract - up to 20 hours per week, not to exceed a total of 940 hours for the 2004-2005 schooi year. Inciusive dates are July 1, 2004 to June 30, 2005, excluding the periods of Winter Break and Spring Break. Provide services to the schools in the areas of: a. Swearing in of school patrol officers. b. Training of school patrol officers. c. Assistance to and for building school patrol supervisors. d. Periodic supervision of school patrol corner crossings. e. Assist in determination of safe route to school(s). f. Training of Summer School Patrol members as needed. g. Supervision of Summer School Patrol members. 3. Saiarv: Salary will be based upon the actuai hourly rate of pay plus fringe benefits. Officer Charles ly is currently assigned as School Patroi Officer. His 2004 hourly wage pius fringe benefits is $35.91! per hour. " � Officer Ly's 2005 hourly wage pius fringe benefits is $38.00/hour. Estimated salary for 2004-2005 school year is as foilows: July 1, 2004 thru December 17, 2004: 22 weeks @ 20 hours/week = 440 hours 440 hours at $35.91/hour = $15,800.40 January 3, 2005 thru June 30, 2005: 25 weeks at 20 hours/week = 500 hours 500 hours at $38.00/hour = 19,000.00 Estimated 2004-2005 school year salary = 34,800.40. 4. Mileaae: Up to 400 miles/month for 11 months, not to exceed 4,400 miles, at .37.5¢ per mile. Estimated cost: $1, 650.00 5. Conferences and meetings: The Schooi District will reimburse the Schooi Patroi Officer for such expenses as are incurred while attending such meetings or conferences as may be requested by the District.