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99-1098council Fi1e # `�" (O�{� �DRIGINA�. Ordinance # Green Sheet # 1d 3 ay'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2A� Presented By Referred To WF3EREAS, CF #99-231 was approved on May 5, 1999, authorizing driver training for a11 new taxicab driver applicants as a prerequisite for obtaining City licensure; and WI-IEREAS, the ordinance requues the license inspector to establish a training course to satisfy the requirements of the driver training; and WHEREAS, Hennepin Technical College's (HTC) Customized Training Center has an e�sting curriculum established and in use in the Twin Cities Metro azea which covers all of the azeas required by the ordinance and LIEP wishes to enter into an Agreement with HTC to provide the training; now therefore be it KESOLVED, that the proper City officials and the Office of License, Inspection and Environmental Protection aze hereby authorized to enter into the attached Agreement with Hennepin Technical College. RESOLUTION CITY OF SAINT PAUL, MINNESOTA � COmmittee: Date Requested by Department of: Office of License, Insoections and Environment 1 Protection B y: _Lc� Adopted by Council : Date u �� T \��1� Adoption Certified by Council Approved by Mayor: �Dr) l7 ic/� Form Approved by City OFFICE oF LIEP �ate: GREEN SHEET Robert KessZer october i9 1999 266-9112 N 103241 ° 1 'aPARTMcNT DiRECTOR ITY COUM1CIL 2 ZTY ATiVRNEY ITY CLERFC xa�¢ra� uSt be on CounCil Agenda by: � U�'iT DIRECiOR 3 �IN. & MGT. SVC. DIB. SAP AY6H (OR ASSIST OTAL # OF SIGNATURE PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQUESTED: Approval of a contract with Hennepin Technical College's Customized Training Center to provide driver training to all new applicants for a City business license to operate a taxicab. CON.^SPNDATIONS: APPROV6 (A) OR REJECT (R) BRSORIS 58RV2CS CONTRACTS M[JST ANSiiBR THS FOLLO9JLNG: PLANNING COMMISSION CIVIL S'eZVICE COMMISSION 1. Has the person/firm ever worked under a con[ract for this departnent? C?B COMMITTES _ BUSIT�c55 AHVZ'cW COUNCZL Yn5 NO STAFF _ Eas this person/firm ever been a City employee? DIST.2ICT COURT _ YES NO 3. Does this person/fixm possess a skill not normally possessed by any PORTS WFiICH CO'.1NCIL OBJECTIVE? � C1tzYent City emnloyee? YES NO laia all Y85 aaswera oa a sepazate aheaG aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Taxicab driver training was authorized by CF #99-231 on Iday 5, 1999. VANTAGES IF APPROVED: St. Paul's taxi driver training program will be conducted by a qualified trainer. ISADVANTAGES IF APPROVED: one. ISADVANTAGES IF NOT APPROVED: other provider would have to be identified. OTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � a � y V��$�Tli R��.�s��";:?F �'�'.?7�r� � � 4e la . � 3�a� aq _,o�� THIS AGREE�4ENT made and entered into by and between the HEI�TNEPIN TECHNICAL COLLEGE, by virtue of its delegated authority from the Boazd of Trustees of the Minnesota State Colleges and Universities (hereinafter "HTC") and the City of Saint Paul, a municipal corporation ("CITY"). WITNESSETH: ��HEREAS, the City of Saint Paul has enacted a requirement for taxicab driver training and wishes to purchase serc3ces in the form of customized driver training; and WHEREAS, HTC represents that it is qualified to furnish said services; In consideration of the mutual undertakings and agreements hereafter set forth, the parties agree as follows: Term of the asreement. This Agreement shall become effective I�TOVember 15, 1999 and shall terminate on I�TOVember 14, 2000, or untii all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. 2. Servicesto be Provided. a. HTC shall provide instructors for four classes a yeaz in Courtesy Cab Training. Each class shall consist of five three-hour sessions, offered approximately every three months. A descriprion of the classes is attached hereto and incorporated herein as E�chibit A. b. At the end of each class, HTC will provide testing of all participants, with the test content and administrafion to be mutually agreed upon by the parties, but which shall contain, at a minimum, 100 questions divided into the following categories: 1) knowledge of St. Paul Legislative Code Chapter - 20 questions; 2) safe driving skills and knowledge of traffic laws of the State of Minnesota - 20 questions; 3) customer service - 20 questions; and 4) geography/ use of Hudson Street Map - 40 questions. c. HTC shall grade and submit the results to participants & to CITY. 3. Duties of the CITY. a. The CITY shall review a curriculum provided prior to each class and shall approve of said curriculum within ten days of its receipt. If the CITY objects to any portion of the curriculum it shall put the reasons in writing and provide them to HTC. Failwe to object in writing within ten days of the receipt of the curriculum shall act as approval. Significant revisions by qq, t048' HTC to the approved curriculum shall require CITY approval. b. CITY shall provide space for the classes which is adequate to accommodate all the participants and which has a TV/VCR and an overhead projector. a CIT'Y shall be responsible for all registration or participants and collection of tuition, and shall provide a class roster to HTC for each class, including participants' driver's license numbers. d. CITY shall be responsible for promotional efforts, and will identify HTC's Customized Training Services as the training provider. The maximum class size will consist of 25 first time students and 15 re-testers. The CITY will not employ the instructor directly for additional classes during the term of the Agreement. 4. Cost of the Aereement. a. The cost of each class, consisting of five sessions, sha11 be $1,550.00. The total cost of this Agreement shall not exceed $6,200. b. HTC will send invoices for the classes at the conclusion of each class, within thirty (30) days of the final session. CITY will pay wittrin tl�irty (30) days of receipt of the invoice and payment sha11 be made to: Hennepin Technical College Customized Training Service Attn: Accounts Receivable 9000 Brooklyn Boulevard Brooklyn Pazk, MN 55445 c. In the event that the CITY wishes to cancel or reschedule a class due to low enrollment, CITY shall give at least three (3) days notice in writing to HTC. If the class is canceled with less than three days notice HTC shall be entitled to payment of half the price of the class. d. Notwithstanding the maximum amount set forth in 4.a., CITY agrees that it will purchase videos and teaching aids, includ'mg but not limited to National Safety Council booklets, and videos on driver safety for use in the class. HTC shall provide a list of recommended videos and teaching aids at the time it submits the curriculum, and the CITY shall approve or disapprove the recommendations. In no event sha11 the CITY expend -2- q9-IOqP more than Five Hundred Dollazs ($500.00} on teaching aids during the term of this Agreement. All such materials purchased for use in the courses by the CITY shall become and shall remain the property of the CITY. 5. Cancellation. This contract may be canceled by either pariy at any time, with or without cause, upon five (5) days n� notice to the other pariy. In the event of such cancellation, HTC shall be entitled to payment on a pro rata basis for work or services satisfactorily performed. 6. Assienment. i`Teitiier party shall assi�n or transfer any rights or obligations under this contract without the prior written approval of the other parry. 7. Data Privacv. Boih parties agree to comply with the D4innesota Govemment Data Practices Act, Minn. Stat. Chap. 13 as it applies to all data collected, created, received, maintained or disseminated in accordance ci�ith this contract. 8. Riehts in OriQinal Materials. HTC shall own all rights, including intellectual property rights, in all original materials, including curriculum materials inventories, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically or magnetically recorded material, and other work in whatever form, developedby HTC and its employees individually or jointly with others or any subcontractor in the performance of its obligations under this contract. Authorized Aeents. All notices relating to this contract shall be sent to: Troy Gilbertson Office of LIEP 300 Lowry Professional B1dg 50 St. Peter Street St. Paul, MN 551o2 (651 ) 266-9101 Fax:(651) 266-9124 Paui Simonett HTC 1820 Xenium Lane North Plymouth, MN 55441 (612)550-7218 FaY:(612)550-7272 10. Indep_endent Contrnctor. Nothing herein contained is intended to or should be construed in any manner as creating or establishing an employer/employee relationship between the instructors provided for course instruction by HTC and the City. 11. 7urisdiction and Venue. This contract and any amendment thereto shall be governed by the laws of the State of Ivlinnesota. Venue for any legal proceedings arising out of this contract or a breach thereof shall be in a court of competent }urisdiction in Ramsey County, Minnesota. -3- a�_ �oqp IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed intending to be bound thereby. :�1�`L�7�.�\I�flyJ�iLIA Director of Financial Services HEIVNEPIN TECHNICAL COLLEGE: Paul Simonett Customized Training Coordinator Director of LIEP Approved as to form: Assistant City Attorney -- -4- Dale Sheveland Dean, Customized Training Services council Fi1e # `�" (O�{� �DRIGINA�. Ordinance # Green Sheet # 1d 3 ay'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2A� Presented By Referred To WF3EREAS, CF #99-231 was approved on May 5, 1999, authorizing driver training for a11 new taxicab driver applicants as a prerequisite for obtaining City licensure; and WI-IEREAS, the ordinance requues the license inspector to establish a training course to satisfy the requirements of the driver training; and WHEREAS, Hennepin Technical College's (HTC) Customized Training Center has an e�sting curriculum established and in use in the Twin Cities Metro azea which covers all of the azeas required by the ordinance and LIEP wishes to enter into an Agreement with HTC to provide the training; now therefore be it KESOLVED, that the proper City officials and the Office of License, Inspection and Environmental Protection aze hereby authorized to enter into the attached Agreement with Hennepin Technical College. RESOLUTION CITY OF SAINT PAUL, MINNESOTA � COmmittee: Date Requested by Department of: Office of License, Insoections and Environment 1 Protection B y: _Lc� Adopted by Council : Date u �� T \��1� Adoption Certified by Council Approved by Mayor: �Dr) l7 ic/� Form Approved by City OFFICE oF LIEP �ate: GREEN SHEET Robert KessZer october i9 1999 266-9112 N 103241 ° 1 'aPARTMcNT DiRECTOR ITY COUM1CIL 2 ZTY ATiVRNEY ITY CLERFC xa�¢ra� uSt be on CounCil Agenda by: � U�'iT DIRECiOR 3 �IN. & MGT. SVC. DIB. SAP AY6H (OR ASSIST OTAL # OF SIGNATURE PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQUESTED: Approval of a contract with Hennepin Technical College's Customized Training Center to provide driver training to all new applicants for a City business license to operate a taxicab. CON.^SPNDATIONS: APPROV6 (A) OR REJECT (R) BRSORIS 58RV2CS CONTRACTS M[JST ANSiiBR THS FOLLO9JLNG: PLANNING COMMISSION CIVIL S'eZVICE COMMISSION 1. Has the person/firm ever worked under a con[ract for this departnent? C?B COMMITTES _ BUSIT�c55 AHVZ'cW COUNCZL Yn5 NO STAFF _ Eas this person/firm ever been a City employee? DIST.2ICT COURT _ YES NO 3. Does this person/fixm possess a skill not normally possessed by any PORTS WFiICH CO'.1NCIL OBJECTIVE? � C1tzYent City emnloyee? YES NO laia all Y85 aaswera oa a sepazate aheaG aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Taxicab driver training was authorized by CF #99-231 on Iday 5, 1999. VANTAGES IF APPROVED: St. Paul's taxi driver training program will be conducted by a qualified trainer. ISADVANTAGES IF APPROVED: one. ISADVANTAGES IF NOT APPROVED: other provider would have to be identified. OTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � a � y V��$�Tli R��.�s��";:?F �'�'.?7�r� � � 4e la . � 3�a� aq _,o�� THIS AGREE�4ENT made and entered into by and between the HEI�TNEPIN TECHNICAL COLLEGE, by virtue of its delegated authority from the Boazd of Trustees of the Minnesota State Colleges and Universities (hereinafter "HTC") and the City of Saint Paul, a municipal corporation ("CITY"). WITNESSETH: ��HEREAS, the City of Saint Paul has enacted a requirement for taxicab driver training and wishes to purchase serc3ces in the form of customized driver training; and WHEREAS, HTC represents that it is qualified to furnish said services; In consideration of the mutual undertakings and agreements hereafter set forth, the parties agree as follows: Term of the asreement. This Agreement shall become effective I�TOVember 15, 1999 and shall terminate on I�TOVember 14, 2000, or untii all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. 2. Servicesto be Provided. a. HTC shall provide instructors for four classes a yeaz in Courtesy Cab Training. Each class shall consist of five three-hour sessions, offered approximately every three months. A descriprion of the classes is attached hereto and incorporated herein as E�chibit A. b. At the end of each class, HTC will provide testing of all participants, with the test content and administrafion to be mutually agreed upon by the parties, but which shall contain, at a minimum, 100 questions divided into the following categories: 1) knowledge of St. Paul Legislative Code Chapter - 20 questions; 2) safe driving skills and knowledge of traffic laws of the State of Minnesota - 20 questions; 3) customer service - 20 questions; and 4) geography/ use of Hudson Street Map - 40 questions. c. HTC shall grade and submit the results to participants & to CITY. 3. Duties of the CITY. a. The CITY shall review a curriculum provided prior to each class and shall approve of said curriculum within ten days of its receipt. If the CITY objects to any portion of the curriculum it shall put the reasons in writing and provide them to HTC. Failwe to object in writing within ten days of the receipt of the curriculum shall act as approval. Significant revisions by qq, t048' HTC to the approved curriculum shall require CITY approval. b. CITY shall provide space for the classes which is adequate to accommodate all the participants and which has a TV/VCR and an overhead projector. a CIT'Y shall be responsible for all registration or participants and collection of tuition, and shall provide a class roster to HTC for each class, including participants' driver's license numbers. d. CITY shall be responsible for promotional efforts, and will identify HTC's Customized Training Services as the training provider. The maximum class size will consist of 25 first time students and 15 re-testers. The CITY will not employ the instructor directly for additional classes during the term of the Agreement. 4. Cost of the Aereement. a. The cost of each class, consisting of five sessions, sha11 be $1,550.00. The total cost of this Agreement shall not exceed $6,200. b. HTC will send invoices for the classes at the conclusion of each class, within thirty (30) days of the final session. CITY will pay wittrin tl�irty (30) days of receipt of the invoice and payment sha11 be made to: Hennepin Technical College Customized Training Service Attn: Accounts Receivable 9000 Brooklyn Boulevard Brooklyn Pazk, MN 55445 c. In the event that the CITY wishes to cancel or reschedule a class due to low enrollment, CITY shall give at least three (3) days notice in writing to HTC. If the class is canceled with less than three days notice HTC shall be entitled to payment of half the price of the class. d. Notwithstanding the maximum amount set forth in 4.a., CITY agrees that it will purchase videos and teaching aids, includ'mg but not limited to National Safety Council booklets, and videos on driver safety for use in the class. HTC shall provide a list of recommended videos and teaching aids at the time it submits the curriculum, and the CITY shall approve or disapprove the recommendations. In no event sha11 the CITY expend -2- q9-IOqP more than Five Hundred Dollazs ($500.00} on teaching aids during the term of this Agreement. All such materials purchased for use in the courses by the CITY shall become and shall remain the property of the CITY. 5. Cancellation. This contract may be canceled by either pariy at any time, with or without cause, upon five (5) days n� notice to the other pariy. In the event of such cancellation, HTC shall be entitled to payment on a pro rata basis for work or services satisfactorily performed. 6. Assienment. i`Teitiier party shall assi�n or transfer any rights or obligations under this contract without the prior written approval of the other parry. 7. Data Privacv. Boih parties agree to comply with the D4innesota Govemment Data Practices Act, Minn. Stat. Chap. 13 as it applies to all data collected, created, received, maintained or disseminated in accordance ci�ith this contract. 8. Riehts in OriQinal Materials. HTC shall own all rights, including intellectual property rights, in all original materials, including curriculum materials inventories, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically or magnetically recorded material, and other work in whatever form, developedby HTC and its employees individually or jointly with others or any subcontractor in the performance of its obligations under this contract. Authorized Aeents. All notices relating to this contract shall be sent to: Troy Gilbertson Office of LIEP 300 Lowry Professional B1dg 50 St. Peter Street St. Paul, MN 551o2 (651 ) 266-9101 Fax:(651) 266-9124 Paui Simonett HTC 1820 Xenium Lane North Plymouth, MN 55441 (612)550-7218 FaY:(612)550-7272 10. Indep_endent Contrnctor. Nothing herein contained is intended to or should be construed in any manner as creating or establishing an employer/employee relationship between the instructors provided for course instruction by HTC and the City. 11. 7urisdiction and Venue. This contract and any amendment thereto shall be governed by the laws of the State of Ivlinnesota. Venue for any legal proceedings arising out of this contract or a breach thereof shall be in a court of competent }urisdiction in Ramsey County, Minnesota. -3- a�_ �oqp IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed intending to be bound thereby. :�1�`L�7�.�\I�flyJ�iLIA Director of Financial Services HEIVNEPIN TECHNICAL COLLEGE: Paul Simonett Customized Training Coordinator Director of LIEP Approved as to form: Assistant City Attorney -- -4- Dale Sheveland Dean, Customized Training Services council Fi1e # `�" (O�{� �DRIGINA�. Ordinance # Green Sheet # 1d 3 ay'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2A� Presented By Referred To WF3EREAS, CF #99-231 was approved on May 5, 1999, authorizing driver training for a11 new taxicab driver applicants as a prerequisite for obtaining City licensure; and WI-IEREAS, the ordinance requues the license inspector to establish a training course to satisfy the requirements of the driver training; and WHEREAS, Hennepin Technical College's (HTC) Customized Training Center has an e�sting curriculum established and in use in the Twin Cities Metro azea which covers all of the azeas required by the ordinance and LIEP wishes to enter into an Agreement with HTC to provide the training; now therefore be it KESOLVED, that the proper City officials and the Office of License, Inspection and Environmental Protection aze hereby authorized to enter into the attached Agreement with Hennepin Technical College. RESOLUTION CITY OF SAINT PAUL, MINNESOTA � COmmittee: Date Requested by Department of: Office of License, Insoections and Environment 1 Protection B y: _Lc� Adopted by Council : Date u �� T \��1� Adoption Certified by Council Approved by Mayor: �Dr) l7 ic/� Form Approved by City OFFICE oF LIEP �ate: GREEN SHEET Robert KessZer october i9 1999 266-9112 N 103241 ° 1 'aPARTMcNT DiRECTOR ITY COUM1CIL 2 ZTY ATiVRNEY ITY CLERFC xa�¢ra� uSt be on CounCil Agenda by: � U�'iT DIRECiOR 3 �IN. & MGT. SVC. DIB. SAP AY6H (OR ASSIST OTAL # OF SIGNATURE PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQUESTED: Approval of a contract with Hennepin Technical College's Customized Training Center to provide driver training to all new applicants for a City business license to operate a taxicab. CON.^SPNDATIONS: APPROV6 (A) OR REJECT (R) BRSORIS 58RV2CS CONTRACTS M[JST ANSiiBR THS FOLLO9JLNG: PLANNING COMMISSION CIVIL S'eZVICE COMMISSION 1. Has the person/firm ever worked under a con[ract for this departnent? C?B COMMITTES _ BUSIT�c55 AHVZ'cW COUNCZL Yn5 NO STAFF _ Eas this person/firm ever been a City employee? DIST.2ICT COURT _ YES NO 3. Does this person/fixm possess a skill not normally possessed by any PORTS WFiICH CO'.1NCIL OBJECTIVE? � C1tzYent City emnloyee? YES NO laia all Y85 aaswera oa a sepazate aheaG aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Taxicab driver training was authorized by CF #99-231 on Iday 5, 1999. VANTAGES IF APPROVED: St. Paul's taxi driver training program will be conducted by a qualified trainer. ISADVANTAGES IF APPROVED: one. ISADVANTAGES IF NOT APPROVED: other provider would have to be identified. OTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � a � y V��$�Tli R��.�s��";:?F �'�'.?7�r� � � 4e la . � 3�a� aq _,o�� THIS AGREE�4ENT made and entered into by and between the HEI�TNEPIN TECHNICAL COLLEGE, by virtue of its delegated authority from the Boazd of Trustees of the Minnesota State Colleges and Universities (hereinafter "HTC") and the City of Saint Paul, a municipal corporation ("CITY"). WITNESSETH: ��HEREAS, the City of Saint Paul has enacted a requirement for taxicab driver training and wishes to purchase serc3ces in the form of customized driver training; and WHEREAS, HTC represents that it is qualified to furnish said services; In consideration of the mutual undertakings and agreements hereafter set forth, the parties agree as follows: Term of the asreement. This Agreement shall become effective I�TOVember 15, 1999 and shall terminate on I�TOVember 14, 2000, or untii all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. 2. Servicesto be Provided. a. HTC shall provide instructors for four classes a yeaz in Courtesy Cab Training. Each class shall consist of five three-hour sessions, offered approximately every three months. A descriprion of the classes is attached hereto and incorporated herein as E�chibit A. b. At the end of each class, HTC will provide testing of all participants, with the test content and administrafion to be mutually agreed upon by the parties, but which shall contain, at a minimum, 100 questions divided into the following categories: 1) knowledge of St. Paul Legislative Code Chapter - 20 questions; 2) safe driving skills and knowledge of traffic laws of the State of Minnesota - 20 questions; 3) customer service - 20 questions; and 4) geography/ use of Hudson Street Map - 40 questions. c. HTC shall grade and submit the results to participants & to CITY. 3. Duties of the CITY. a. The CITY shall review a curriculum provided prior to each class and shall approve of said curriculum within ten days of its receipt. If the CITY objects to any portion of the curriculum it shall put the reasons in writing and provide them to HTC. Failwe to object in writing within ten days of the receipt of the curriculum shall act as approval. Significant revisions by qq, t048' HTC to the approved curriculum shall require CITY approval. b. CITY shall provide space for the classes which is adequate to accommodate all the participants and which has a TV/VCR and an overhead projector. a CIT'Y shall be responsible for all registration or participants and collection of tuition, and shall provide a class roster to HTC for each class, including participants' driver's license numbers. d. CITY shall be responsible for promotional efforts, and will identify HTC's Customized Training Services as the training provider. The maximum class size will consist of 25 first time students and 15 re-testers. The CITY will not employ the instructor directly for additional classes during the term of the Agreement. 4. Cost of the Aereement. a. The cost of each class, consisting of five sessions, sha11 be $1,550.00. The total cost of this Agreement shall not exceed $6,200. b. HTC will send invoices for the classes at the conclusion of each class, within thirty (30) days of the final session. CITY will pay wittrin tl�irty (30) days of receipt of the invoice and payment sha11 be made to: Hennepin Technical College Customized Training Service Attn: Accounts Receivable 9000 Brooklyn Boulevard Brooklyn Pazk, MN 55445 c. In the event that the CITY wishes to cancel or reschedule a class due to low enrollment, CITY shall give at least three (3) days notice in writing to HTC. If the class is canceled with less than three days notice HTC shall be entitled to payment of half the price of the class. d. Notwithstanding the maximum amount set forth in 4.a., CITY agrees that it will purchase videos and teaching aids, includ'mg but not limited to National Safety Council booklets, and videos on driver safety for use in the class. HTC shall provide a list of recommended videos and teaching aids at the time it submits the curriculum, and the CITY shall approve or disapprove the recommendations. In no event sha11 the CITY expend -2- q9-IOqP more than Five Hundred Dollazs ($500.00} on teaching aids during the term of this Agreement. All such materials purchased for use in the courses by the CITY shall become and shall remain the property of the CITY. 5. Cancellation. This contract may be canceled by either pariy at any time, with or without cause, upon five (5) days n� notice to the other pariy. In the event of such cancellation, HTC shall be entitled to payment on a pro rata basis for work or services satisfactorily performed. 6. Assienment. i`Teitiier party shall assi�n or transfer any rights or obligations under this contract without the prior written approval of the other parry. 7. Data Privacv. Boih parties agree to comply with the D4innesota Govemment Data Practices Act, Minn. Stat. Chap. 13 as it applies to all data collected, created, received, maintained or disseminated in accordance ci�ith this contract. 8. Riehts in OriQinal Materials. HTC shall own all rights, including intellectual property rights, in all original materials, including curriculum materials inventories, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically or magnetically recorded material, and other work in whatever form, developedby HTC and its employees individually or jointly with others or any subcontractor in the performance of its obligations under this contract. Authorized Aeents. All notices relating to this contract shall be sent to: Troy Gilbertson Office of LIEP 300 Lowry Professional B1dg 50 St. Peter Street St. Paul, MN 551o2 (651 ) 266-9101 Fax:(651) 266-9124 Paui Simonett HTC 1820 Xenium Lane North Plymouth, MN 55441 (612)550-7218 FaY:(612)550-7272 10. Indep_endent Contrnctor. Nothing herein contained is intended to or should be construed in any manner as creating or establishing an employer/employee relationship between the instructors provided for course instruction by HTC and the City. 11. 7urisdiction and Venue. This contract and any amendment thereto shall be governed by the laws of the State of Ivlinnesota. Venue for any legal proceedings arising out of this contract or a breach thereof shall be in a court of competent }urisdiction in Ramsey County, Minnesota. -3- a�_ �oqp IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed intending to be bound thereby. :�1�`L�7�.�\I�flyJ�iLIA Director of Financial Services HEIVNEPIN TECHNICAL COLLEGE: Paul Simonett Customized Training Coordinator Director of LIEP Approved as to form: Assistant City Attorney -- -4- Dale Sheveland Dean, Customized Training Services