Loading...
HomeMy WebLinkAbout2005-101 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2005-101 RESOLUTION AUTHORIZING PERSONAL/PROFESSIONAL SERVICE AGREEMENT BETWEEN THE COUNTY OF HENNEPIN AND THE CITY OF BROOKLYN CENTER WHEREAS, attached hereto and incorporated herein by reference is Exhibit A as a Personal/Professional Service Agreement between the County of Hennepin and the City of Brooklyn Center for participation in a police cadet program as set forth in Exhibit A; and WHEREAS, the City Council of the City of Brooklyn Center wishes to authorize participation in the cadet program; and WHEREAS, the terms and conditions of the Personal/Professional Service Agreement are to reimburse the City of Brooklyn Center for costs involved in hiring a police cadet. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager be and hereby are authorized to execute the Personal/Professional Service Agreement set forth in Exhibit A on behalf of the City of Brooklyn Center. June 27 2005 hte 0 Mayor ATTEST: _ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2005-101 Exhibit A Contract No: A051115 PERSONAL/PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "COUNTY," A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Human Services and Public Health Department, 300 South Sixth Street, Government Center, Minneapolis, Minnesota 55487, hereinafter referred to as the "DEPARTMENT" and City of Brooklyn Center, on behalf of the Brooklyn Center Police Department, 6645 Humboldt Avenue North, Brooklyn Center, Minnesota 55430, hereinafter referred to as the "PROVIDER". WITNESSETH: WHEREAS, the COUNTY, on behalf of the DEPARTMENT, wishes to purchase the services of the PROVIDER to recruit, assess and provide training for one police cadet position at the City of Brooklyn Center Police Department; and 1 NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the PROVIDER agree as follows: 1. TERM AND COST OF THE AGREEMENT The PROVIDER agrees to furnish services to the COUNTY during the period commencing August 1, 2005 and terminating December 31, 2005. The cost of this Agreement shall not exceed THIRTY THOUSAND DOLLARS ($30,000.00). 2. SERVICES TO BE PROVIDED The PROVIDER will recruit community/immigrant sensitive individuals as police cadets with the option to hire said cadets upon satisfactory completion of the cadet program. The primary goal of this agreement is for the provider to recruit, support and sustain an individual who is sensitive to the attendant issues facing the community of Brooklyn Center, and who, after passing certain requirements, may be enrolled as a police cadet. Following successful cadet training, the Brooklyn Center Police Department will have the option to hire said cadet as a regular, full-time police officer. HCA Form No. 101 2005 (Revised 09/04) 1 RESOLUTION NO.2005-101 Exhibit A Eleven basic activities will be conducted to achieve the project goal, including: 1) Cadet-Trainee position announcement made public 2) Applicants shall have been introduced to the department, career and selection process 3) Candidates will have completed a written police test and cadet form 4) Cadet interview process will be completed 5) A police panel interview will be concluded 6) Background investigation will have been conducted 7) Chief's interview will have taken place 8) Medical exam will have been taken and passed 9) Psychological exam will have been taken and passed 10) Drug test will have been taken and passed 11) Cadet contract signed These services are more fully described in Attachment A, attached hereto and made part of this Agreement. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the PROVIDER after completion of the services upon the presentation of a claim in the manner provided by law governing the COUNTY'S payment of claims and/or invoices. The PROVIDER shall submit monthly invoices for services rendered on forms which may be furnished by the COUNTY. Payment shall be made within forty-five (45) days from receipt of the invoice. 4. INDEPENDENT CONTRACTOR The PROVIDER shall select the means, method, and manner of performing the services herein. Nothing is 'intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the PROVIDER as the agent, representative, or employee of the COUNTY for any purpose or in any manner whatsoever. The PROVIDER is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The PROVIDER represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the PROVIDER or other persons while engaged in the performance of any work or services required by the PROVIDER under this Agreement shall have no contractual relationship with the COUNTY, and shall not be considered employees of the COUNTY. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the PROVIDER, its officers, agents, contractors, or employees shall in no way be the responsibility of the COUNTY. The PROVIDER shall defend, indemnify, and hold harmless the HCA Form No. 101 2005 (Revised 09/04) 2 RESOLUTION NO. 2005-101 Exhibit A COUNTY, its officials, officers, agents, volunteers, and employees from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION a. PROVIDER agrees to adhere to Hennepin County's AIDS Policy which provides that no employee, applicant, or client shall be subjected to testing, removed from normal and customary status, or deprived of any rights, privileges, or freedoms because of his or her AIDS status except for clearly stated specific and compelling medical and/or public health reasons. PROVIDER shall establish the necessary policies concerning AIDS to assure that COUNTY clients in contracted programs and PROVIDER's employees in COUNTY contracted programs are afforded the same treatment with regard to AIDS as persons directly employed or served by the COUNTY. 6. INDEMNIFICATION AND INSURANCE a. The PROVIDER agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the PROVIDER, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the PROVIDER to perform fully, in any respect, all obligations under this contract. b. In order to protect the PROVIDER and those listed above under the indemnification provision, the PROVIDER agrees at all times during the term of this Agreement, and beyond such term when so required, to have and keep in force the following insurance coverages: HCA Form No. 101 2005 (Revised 09/04) 3 RESOLUTION NO. 2005-101 Limits (1) (2) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence-Combined Bodily Injury and Property Damage Workers' Compensation and Employer's Liability: Workers' Compensation If the PROVIDER is based outside the State of Minnesota, coverage must apply to Minnesota law $1,000,000 1,000,000 1,000,000 1,000,000 Statutory Employer's Liability. Bodily injury by: Accident-Each Accident Disease-Policy Limit Disease-Each Employee (3) Professional Liability-Per Claim and Aggregate 100,000 500,000 100,000 1,000,000 The professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement. Exhibit A The PROVIDER shall not commence. work until it has obtained -required insurance and filed with the Contract Administrator (see Section 12), a properly executed Certificate of Insurance which clearly evidences required insurance coverages. The certificate(s) shall name Hennepin County as the certificate holder and as an additional insured for the liability coverage(s) with respect to operations covered under the Agreement. Copies of insurance policies shall be promptly submitted to the COUNTY upon written request. 7. DATA PRIVACY PROVIDER, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable HCA Form No. 101 2005 (Revised 09/04) 4 RESOLUTION NO. 2005-101 Exhibit A state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. PROVIDER agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from PROVIDER's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 8. RECORDS - AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the PROVIDER agrees that the County, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the PROVIDER and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. 9. SUCCESSORS. SUBCONTRACTING AND ASSIGNMENTS The PROVIDER binds itself, its partners, successors, assigns and legal representatives to the COUNTY in respect to all covenants, agreements and obligations contained in the contract documents. The PROVIDER shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, nor assign any monies due or to become due to it hereunder without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve the PROVIDER of its liabilities and obligations under the Agreement. Further, the PROVIDER shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the herein specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between the PROVIDER and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions herein specified. A consent to assign shall be accomplished by execution of a form prepared by the COUNTY and signed by the PROVIDER, the assignee and the COUNTY. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items HCA Form No. 101 2005 (Revised 09/04) 5 RE'SOLUTION NO. 2005-101 Exhibit A referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 11. DEFAULT AND CANCELLATION a. If the PROVIDER fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the PROVIDER's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY for delaying payment until the PROVIDER's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to the PROVIDER. b. Upon cancellation or termination of this Agreement: 1. At the discretion of the COUNTY and as specified in writing by the Contract Administrator, PROVIDER shall deliver to the Contract Administrator copies of all writings so specified by the COUNTY and prepared by the PROVIDER pursuant to this Agreement. The term "writings" shall be construed to mean and include: Handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording, including electronic media, any form of communication or representation, including letters, works, pictures, drawings, sounds, or symbols, or combinations thereof. 2. The COUNTY shall have full ownership and control of all such writings. The PROVIDER shall have the right to retain copies of said writings. However, it is agreed that the PROVIDER without the prior written consent of the COUNTY shall not use such writings for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such writings; and shall not do anything which in the opinion of the COUNTY would affect the COUNTY's ownership and/or control of such writings. C. Notwithstanding any provision of this Agreement to the contrary, the PROVIDER shall not be relieved of liability to the COUNTY for damages HCA Form No. 101 2005 (Revised 09/04) 6 RESOLUTION NO. 2005-101 Exhibit A sustained by the COUNTY by virtue of any breach of this Agreement by the PROVIDER. Upon notice to the PROVIDER of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to the PROVIDER for the purpose of set-off until such time as the exact amount of damages due the COUNTY from the PROVIDER is determined. Following notice from the COUNTY of the claimed breach and damage, the PROVIDER and the COUNTY shall attempt to resolve the dispute in good faith. d. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. f. This Agreement may be canceled with or without cause by either party upon thirty (30) days' written notice. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the PROVIDER with the activities of the Human Services and Public Health Department/Resource Development Area so as to accomplish the purposes of this Agreement, Nan Wheeler, Contract Analyst, or her successor shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the PROVIDER. 13. COMPLIANCE AND NON-DEBARMENT CERTIFICATION a. The PROVIDER shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances in force or hereafter enacted. b. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, PROVIDER shall comply with all applicable conditions of the specific grant, attached hereto and incorporated herein. C. The PROVIDER certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. HCA Form No. 101 2005 (Revised 09/04) 7 RESOLUTION NO. 2005-101 14. SUBCONTRACTOR PAYMENT Exhibit A PROVIDER shall pay any subcontractor within ten days of the PROVIDER's receipt of payment from the Counties for undisputed services provided by the subcontractor. The PROVIDER shall pay interest of 11/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the PROVIDER shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including any attorney's fees, incurred in bringing the action. 15. PAPER RECYCLING The COUNTY encourages the PROVIDER to develop and implement an office paper and newsprint recycling program. 16. NOTICES Any notice or demand which must be given or made by a party hereto under the erms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to the PROVIDER shall be sent to the address stated in the opening paragraph of the Agreement or if not stated therein, then to the address stated in PROVIDER's Form W-9 provided to and on file with the COUNTY. 17. CONFLICT OF INTEREST The PROVIDER affirms that to the best of PROVIDER's knowledge, PROVIDER's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. The PROVIDER agrees that, should any conflict or potential conflict of interest become known to PROVIDER, PROVIDER will immediately notify the COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or poential conflict, and will advise the COUNTY whether the PROVIDER will or will not resign from the other engagement or representation. 18. PROMOTIONAL LITERATURE PROVIDER agrees that the terms "Hennepin County" or any derivative thereof shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. HCA Form No. 101 2005 (Revised 09/04) 8 RESOLUTION NO. 2005-101 Exhibit A 19. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 1 HCA Form No. 101 2005 (Revised 09/04) 9 RESOLUTION NO. 2005-101 Exhibit A COUNTY BOARD APPROVAL City of , having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on the day of , , and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Reviewed by the County Attorney's Office Date: 1 City organized under: Statutory Option A COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of Its County Board ATTEST: Deputy/Clerk of County Board And: Assistant/Deputy/County Administrator CITY OF By: Its: And: Its: Option B Charter HCA Form No. 101 2005 (Revised 02/05) RESOLUTION NO. 2005-101 ATTACHMENT A Exhibit A RESOLUTION NO. 2005-101 Exhibit A WORKSTATEMENT Page 1 of 2 Background: The Joint Community/Police Partnership is a joint effort of Hennepin County, the Cities of Brooklyn Park and Brooklyn Center and numerous community groups to address a variety of cultural and law enforcement issues which have emerged in these two northwestern suburban areas. Under the initiative of a Hennepin County Commissioner and the police chiefs of both aforementioned cities, a proposal was developed and approved by the Hennepin County Board of Commissioners to address two strategic issues. The project intends to: 1) provide information, assistance and coordination to address the diverse needs of these cities' numerous cultures and communities, and 2) ensure the safety and well-being of all residents within their jurisdictions. Under the direction of a Project Management Team that is comprised of selected managers from both of the Brooklyn Park and Brooklyn Center Police Departments, Hennepin County Human Services/Public Health Department, and Northwest Hennepin Human Services Council, and with input and guidance from a general, Multicultural Advisory Committee of residents selected from within the communities, (to be established in July '05), this project will implement four major activities of which the Cadet Training component is one. Primary Program Contract Goal: Recruit, Sustain, Hire One Cadet The primary goal of this agreement is for the provider to recruit, support and sustain an individual who is sensitive to the attendant issues facing theses communities and who, after passing certain requirements, may be enrolled as a police cadet. Following successful cadet training, the Brooklyn Center Police Department will have the option to hire said cadet as regular, full-time police officer. Activities: Eleven basic activities will be conducted to achieve the project goal, including: 1) Cadet-Trainee Position Announcement Made Public, 2) Applicants shall have been introduced to the Department, Career and Selection Process, 3) Candidates will have completed a written Police Test and Cadet Form, 4) Cadet Interview Process will be completed, 5) A Police Panel Interview will be concluded, 6) Background Investigation will have been conducted 7) Chiefs Interview will have taken place, 8) Medical Exam will have been taken and passed, 9) Psychological Exam will have been taken and passed, 10) Drug Test will have been taken and passed, 11) Cadet Contract Signed. A-1 RESOLUTION NO. 2005-101 Exhibit A WORKSTATEMENT Page 2 of 2 Reporting: Provider will attend monthly meetings of Project Management Team and provide written and oral progress of the cadet training reports to the Contract Program Manager (i.e., Dr. Bruce M. Nauth). Copies of written reports will also be forwarded to the Hennepin County Contracting Administration Representative (i.e., Ms. Nan Wheeler). Outcomes: The following outcomes are expected as a result of the project: 1) Provider will have recruited and enrolled one cadet trainee. 2) Provider will provide monthly written and verbal progress reports of cadet's recruiting/hiring/training progress. 3) Provider will have completed 50% of the preceding 11 activities for 1 candidate within the first five months of the project. 4) Provider shall provide cadets with salary and fringe costs (as evidenced by signed time cards), new employee technology package, entry level screening tests, uniforms and equipment and education/college scholarships costs in conformance with the budget, attached hereto as Attachment page A-3. 1 A-2 RESOLUTION NO. 2005-101 1 Joint Community/Police Project Brooklyn Center Police Cadet Training Component Exhibit A A-3