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CR 11-108 JCPP Personal/Professional Service AgreementNovember 15, 2011 AM Council Report 2011-108 Personal/Professional Service Agreement A111594 between Hennepin County and Hopkins Police Department for Joint Community Police Partnership Proposed Action Staff recommends the following motion: Move to authorize the execution of the Personal/Professional Service Agreement A111594 between Hennepin County and Hopkins Police to receive $25,000 for the Joint Community Police Partnership (JCPP) Cadet program for 2012. Overview The Hopkins Police Department has been a member of the Joint Community Partnership (JCPP) since 2008. On behalf of the JCPP program, Hennepin County applied for federal funding and received a $100,000 Congressional Award in 2009. Each of the four JCPP cities will receive $25,000 to fund their Cadet program for 2012. • Hopkins Police will receive quarterly reimbursement payments of $ 6,250 per quarter for the Cadet salary. n U Primary Issues to Consider • How does the City/Police Department benefit? This money will reimburse the city for the Cadet salary for 2012. Supporting Information Contract c Administrative 43r6rvices bWector Financial Impact: $ 0 Budgeted: Y/N N Source: Related Documents (CIP, ERP, etc.): Notes: U Contract No: A111594 PERSONAL/PROFESSIONAL SERVICE AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, (the "COUNTY") A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Human Services and Public Health Department, A-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487, ("DEPARTMENT") and the City of Hopkins, on behalf of the Hopkins Police Department, 1010 1 sc Street South, Hopkins, Minnesota 55343„ ("CONTRACTOR"). The parties agree as follows: TERM AND COST OF THE AGREEMENT CONTRACTOR agrees to furnish services to the COUNTY commencing January 1, 2012 and terminating December 31, 2012, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement shall not exceed Twenty -Five Thousand Dollars ($25,000.00), as more fully described in Exhibit B, attached hereto and made part of this Agreement. ® 2. SERVICES TO BE PROVIDED CONTRACTOR will conduct recruitment, interviewing, testing and enrollment of a cadet into its local police department. The cadet will participate in the training and day-to-day activities required by the police department and the department will coordinate activities of the cadet in conjunction with the Hennepin County Joint Community Police Partnership. Eleven basic activities will be conducted to achieve the project goal, including: • Cadet -Trainee position announcement made public. • Applicants shall have been introduced to the department, career and selection process. • Candidates will have completed a written police test and cadet form. • Cadet interview process will be completed. • A police panel interview will be concluded. • Background investigation will have been conducted. • Chief's interview will have taken place. • Medical exam will have been taken and passed. • Psychological exam will have been taken and passed. • Drug test will have been taken and passed. • Cadet contract signed. 0 • A111594 These services are more fully described in Exhibit A, attached hereto and made part of this Agreement. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to CONTRACTOR after completion of the services upon the presentation of a claim as provided by law governing the COUNTY's payment of claims and/or invoices. CONTRACTOR shall submit monthly invoices for services rendered on forms which may be furnished by the COUNTY. Payment shall be made within Thirty -Five (35) days from receipt of the invoice. CONTRACTOR shall not provide services under this Agreement without receiving a purchase order or purchase order number supplied by the COUNTY. All invoices shall display the COUNTY purchase order number and be sent to the central invoice receiving address supplied by the COUNTY. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR • CONTRACTOR shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CONTRACTOR as the agent, representative, or employee of the COUNTY for any purpose. CONTRACTOR is and shall remain an independent contractor for all services performed under this Agreement. CONTRACTOR shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of CONTRACTOR or other persons while engaged in the performance of any work or services required by CONTRACTOR will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against CONTRACTOR, its officers, agents, contractors, or employees. CONTRACTOR shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from 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 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. • 2 Al 11594 6. NON-DISCRIMINATION AND AFFIRMATIVE ACTION • A. In accordance with the COUNTY's policies against discrimination, CONTRACTOR.agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION AND INSURANCE A. Each party shall be liable for its own acts and the results thereof to the extent provided by law, and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers, and agents), 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 party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Except for State agencies, each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The liability of State agencies shall be governed by the provisions of Minnesota Statutes, Section 3.736 and other applicable law. • B. Each party warrants that it has a purchased insurance or self-insurance program. C. Duty to Notify. CONTRACTOR shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement and Shall also notify the COUNTY whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or the COUNTY, might become the subject of a claim, action, cause of action or litigation arising out of the services contained in this Agreement. Failure to provide the notices required by this section is a material violation of the terms and conditions of the Agreement. 8. DATA PRACTICES CONTRACTOR, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If CONTRACTOR creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Al 11594 Agreement, then CONTRACTOR must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. CONTRACTOR agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from CONTRACTOR's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. CONTRACTOR agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS — AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CONTRACTOR agrees that the COUNTY, the State Auditor, or any of their 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 CONTRACTOR and involve transactions relating to ,this Agreement. CONTRACTOR shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CONTRACTOR'binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. CONTRACTOR shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign. shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by CONTRACTOR, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. C. CONTRACTOR shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. Further, CONTRACTOR shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. . Contracts between CONTRACTOR and each subcontractor shall require that the :l A111594 subcontractor's services be performed in accordance with the terms and conditions specified. CONTRACTOR shall make contracts between CONTRACTOR and subcontractors available upon request. 11. 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. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. 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. 12. DEFAULT AND CANCELLATION A. If CONTRACTOR 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, it shall be in default. Unless CONTRACTOR'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 to delay payment until CONTRACTOR's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to CONTRACTOR. B. Upon cancellation or termination of this Agreement: 1. At the discretion of the COUNTY and as specified in writing by the Contract Administrator, CONTRACTOR shall deliver to the Contract Administrator copies of all writings so specified by the COUNTY and prepared by CONTRACTOR in accordance with this Agreement. The term "writings" is defined as: 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. CONTRACTOR shall have the right to retain copies of the writings. However, it is agreed that CONTRACTOR without the prior written . consent of the COUNTY shall not use these writings for any purpose or in Al 1159.4 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, CONTRACTOR. shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by CONTRACTOR. Upon notice to CONTRACTOR of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the COUNTY from CONTRACTOR is determined. Following notice from the COUNTY of the claimed breach and damage, CONTRACTOR 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. E. 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) day written notice. G. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION AND INSURANCE; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT ADMINISTRATION In order to coordinate the services of CONTRACTOR with the activities of the DEPARTMENT so as to accomplish the purposes of this Agreement, Vinodh Kutty, or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and CONTRACTOR. 14. COMPLIANCE AND NON -DEBARMENT CERTIFICATION A. CONTRACTOR, shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. 2 Al 11594 B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, CONTRACTOR shall comply with all applicable conditions of the specific referenced or attached grant. C. CONTRACTOR 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. 15. SUBCONTRACTOR PAYMENT As required by Minnesota Statutes Section 471.425, Subd. 4a, CONTRACTOR shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of payment from the COUNTY for undisputed services provided by the subcontractor. CONTRACTOR shall pay interest of 1'/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, CONTRACTOR 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. 16. PAPER RECYCLING . The COUNTY encourages CONTRACTOR to develop and implement an office paper and newsprint recycling program. 17. NOTICES Any notice or demand which must be given or made by a party under 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 CONTRACTOR shall be sent to the address stated in the opening paragraph of the Agreement or to the address stated in CONTRACTOR's Form W-9 provided to the COUNTY. 18. CONFLICT OF INTEREST CONTRACTOR affirms that to the best of CONTRACTOR's knowledge, CONTRACTOR'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. CONTRACTOR agrees that, should any conflict or potential conflict of interest become known to CONTRACTOR, CONTRACTOR will immediately notify the COUNTY of • the conflict or potential conflict, specifying the part of this Agreement giving rise to the 7 L� rAUU!�I conflict or potential conflict, and will advise the COUNTY whether CONTRACTOR will or will not resign from the other engagement or representation. 19. PROMOTIONAL LITERATURE CONTRACTOR agrees that the terms "Hennepin County" or any derivative 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. 20. 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 parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the 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 0 • U • Reviewed by the County Attorney's Office Date: COUNTY BOARD AUTHORIZATION COUNTY OF HENNEPIN STATE OF MINNESOTA City organized under: Statutory Option A. A111594 By: Chair of Its County Board ATTEST: Deputy/Clerk of County Board Date: And: Assistant County Administrator, Human Services and Public health Department Date: CITY OF HOPKINS By: Its: And: Its: 0 Option B Charter. A111594 EXHIBIT A CONTRACTED SERVICES PROGRAM SUMMARY PAGE City of Hopkins Police Department 1. SUMMARY PARAGRAPH: This Agreement provides funding for the training of a police cadet at the City of Hopkins. Hopkins will conduct recruitment, interviewing, testing and enrollment of a cadet into its local police department. The cadet will participate in the training and day-to-day activities required by the police department and the department will coordinate activities of the cadet in conjunction with the Joint Community Police Partnership. Funding will accommodate a cadet's salary, fringes, testing, uniforms and equipment, tuition assistance, books and supplies and application fees. 2. TARGET POPULATION: Eligible Cadets 3. SERVICES: Cadet will receive training and educational opportunities in conformance with police department rules and procedures. Police will provide recruitment, interviewing, supervision, support and training to selected cadets. Cadets must pass relevant police screening and background checks as necessary. 4. AGENCY STATUS/LICENSURE: describe what the agency status is (nonprofit) and what licenses are held, and for how long. City of Hopkins Police Department is a unit of the City of Hopkins and is a local government authorized under the State of Minnesota statutes. • 5. STAFF: Cadets will be under the direct authority of the Hopkins Police Department, 6. FACILITY: Cadets will be housed at the police headquarters at 1010 1st St., Hopkins, MN 55343 7. PLACEMENT: Cadets who pass the initial recruitment, selection and testing are enrolled as Cadets into the police training program. Following that placement they are given up to two years to achieve the academic and skills levels required to be able to test for certification as a sworn -licensed officer in the State of Minnesota. Following passage of the skills and academic portions and passage of the POST license they will be considered for permanent hire as a Hopkins Police officer when an opening exists. 8. FUNDING SOURCES: Property -tax funding. r1 U C 0 A111594 PERFORMANCE MEASURES Hopkins Police Joint Community Police Partnership Description of Program: The Joint Community Police Partnership is a joint Hennepin County, and City of Hopkins Police Department partnership designed to provide assistance and training for both police and the new, emerging and diverse cultures within their community to alleviate conflict. The selection and training of cadets is one part of the project. TARGET POPULATION: Eligible Police Cadets OUTCOME 1: Selection of Police Cadet -trainee Indicator: Cadet -trained is selected Outputs and Activities: Hopkins Police Department will conduct recruitment, interviewing, testing and selection of cadet - trainee. Upon approval cadet will be enrolled into trainee program and will undergo academic and skills training regimens. Method of Data Collection: Hopkins Police will meet twice monthly with representatives of the County. OUTCOME 2: Academic and Skills Training of Cadet -trainee Indicator: Completion of 20 hours/week of required training and demonstration of acceptable . academic performance Outputs and Activities: Cadet -Trainee will complete required academic and skills portions of police -officer training under the direct supervision of police and academic representatives. Trainee transcripts, enrollment records and performance, on-the-job performance reviews by supervising police officers will be provided quarterly. Trainees will execute up to 20 hours per week as cadet -trainee (skills sets) and maintain acceptable academic performance in academic portions. Method of Data Collection: Trainee transcripts and enrollment records. Hopkins Police will meet twice monthly with representatives of the County. Modifications to Exhibit A allowed through written request and prior approval of Program Contract Manager. • Al 11594 Agency: City of Hopkins EXHIBIT B FINANCIAL Program: Joint Community Police Partnership Funding Period: January 1, 2012 — December 31, 2012 Budget category Program budget amount Cost Category Description a. Salary: Salary: $15.16/hour @ 20 per week $15,766.40 Event Pay: $15.16/hour + $2.38/hour FICA,PERA and Ins. 100 hours 1,754.00 per year to attend events and activities in addition to regular work hours. PERA ($2.38/hr @ 20 hrs per week) 2,475.20 Total Salary Costs $19,995.60 b. Supportive Technology/Equipment: Required Equipment for PSO $ 2,504.40 Total Supportive Costs $ 2,504.40 c. Education/Training: Training: Cost of attending required training and conferences, etc. $ 2,500.00 Total Education/Training Costs $ 2,500.00 d. TOTAL $25,000.00 The $25,000 Congressional Award will be paid out on a quarterly basis in the amount of $6,250 per Quarter towards the above -referenced Cadet Salary. Modifications within each category of the above line item budget of less than 10 percent of any line item are permitted without prior approval by the Program Contract Manager, so long as notification of such modifications is given to the County. 0